Nghị định 29/2021/NĐ-CP thủ tục thẩm định dự án quan trọng quốc gia và giám sát đánh giá đầu tư

DECREE

On order and procedures for appraisal of national important projects and investment supervision and evaluation

 

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Construction dated June 18, 2014; the Law on Amending and Supplementing a Number of Articles of the Law on Construction dated June 17, 2020;

Pursuant to the Law on Management and Use of State Capital Invested in Production and Business at Enterprises dated November 26, 2014;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 18, 2020;

Pursuant to the Bidding Law dated November 26, 2013;

At the proposal of the Minister of Planning and Investment;

The Government hereby promulgates the Decree on order and procedures for appraisal of national important projects and investment supervision and evaluation.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes:

1. Order and procedures for appraisal and decision on investment policy, and decision on investment in national important projects as prescribed in the Law on Public Investment and Law on Construction; order and procedures for appraisal and decision on investment policy, approval of projects with investment policies decided by the National Assembly as prescribed in the Law on Investment in the Form of Public-Private Partnership; order and procedures for appraisal and approval of investment policy of projects with investment policy approved by the National Assembly as prescribed in the Law on Investment.

2. Supervision and evaluation of investment programs and projects, overall investment supervision and evaluation and community-based investment monitoring of investment activities in Vietnam and Vietnam’s offshore investment; investment cost of investment supervision and evaluation; powers and responsibilities of agencies, units, organizations and individuals involved in investment supervision and evaluation activities.

3. The supervision and evaluation of securities investment activities must comply with the securities law.

4. The supervision and evaluation of investment programs and projects funded with official development assistance (ODA) and concessional loans of foreign donors must comply with this Decree; any differences due to particular use of these funding sources shall be handled in accordance with the law on management and use of ODA and concessional loans of foreign donors and relevant treaties.

Article 2. Subjects of application

This Decree applies to:

1. Organizations and individuals related to national important projects as prescribed in the Law on Public Investment and Law on Construction; projects with investment policies decided by the National Assembly as prescribed in the Law on Investment in the Form of Public-Private Partnership; projects with investment policy approved by the National Assembly as prescribed in the Law on Investment.

2. Agencies, units, organizations and individuals in charge of investment supervision and evaluation, and agencies, units, organizations and individuals involved in investment supervision and evaluation activities.

Article 3. Interpretation of terms

In this Decree, the terms below shall be construed as follows:

1. “Investment supervision” investment monitoring and examination. Investment supervision includes investment program or project supervision and overall investment supervision.

2. “Investment program or project monitoring” means the continuous and periodical updating of information relating to the implementation of an investment program or project; summarization, analysis and evaluation of information and proposal of options serving the decision making by management authorities at all levels in order to ensure the implementation of the program or project according to its set objectives and schedule and required quality within the limits of identified resources.

3. “Investment program or project examination” means planned periodical or irregular activities aiming at examining involved agencies, organizations and individuals in observing regulations on program and project management; identify in time mistakes and weaknesses in the program or project management in accordance with law; propose competent authorities to remedy arising problems in or violations of regulations on program and project management; and supervise the remediation of the identified problems and compliance with remedies.

4. “Investment program or project evaluation” means planned periodical or irregular activities aiming at determining the extent of achievement of specific objectives and targets set under the investment decision or by state-prescribed evaluation standards at a given point of time. Investment program or project evaluation consists of initial evaluation, mid-term or phase-based evaluation, final evaluation, impact evaluation and irregular evaluation.

5. “Initial evaluation” means the evaluation conducted right after the implementation of a program or project starts, aiming to review the program’s or project’s practical situation compared to the time of its approval, so as to take appropriate remedies.

6. “Mid-term or phase-based evaluation” means the evaluation conducted in the middle of the implementation of an approved program or project or after completion of each phase (for a program or project implemented in various phases), aiming at reviewing the implementation of the program or project from its start, so as to propose necessary adjustments.

7. “Final evaluation” means the evaluation conducted right after the program or project is completed, aiming at reviewing the program’s or project’s results and drawing experience.

8. “Impact evaluation” means the evaluation conducted at an appropriate point of time 3 years after the program or project is put into operation, aiming at clarifying the program’s or project’s efficiency, sustainability and socio-economic impacts against its initial objectives.

9. “Irregular evaluation” means the evaluation conducted when arise unexpected problems, difficulties and impacts during the implementation of a program or project.

10. “Community-based investment monitoring” means voluntary activities of residents in communes, wards or townships (below referred to as commune-level localities) to monitor and examine related agencies and units in observing investment management regulations in the investment process; and detect and propose competent state agencies to handle violations of investment regulations (except programs and projects classified as national secrets in accordance with law).

11. “Overall investment supervision” means the continuous monitoring and planned periodical or irregular examination of the investment process at various levels and in various sectors and localities; and identification and timely correction of wrongdoings and mistakes to ensure efficient investment according to planning and set objectives.

12. “Overall investment monitoring” means the continuous and periodical updating of information relating to investment activities and investment management by various levels, sectors and localities; summarization, analysis and evaluation of information and proposal of mechanisms and policies related to investment management.

13. “Overall investment examination” means planned periodical or irregular activities aiming at examining various levels and sectors in observing investment management regulations; identifying and promptly correcting mistakes and weaknesses to ensure lawful investment management; identifying and proposing competent authorities to remedy arising problems or handling violations of investment management regulations; and supervising the remediation of identified problems and compliance with remedies.

14. “Overall investment evaluation” means planned periodical activities aiming at analyzing and assessing investment results of the entire economy, sectors and localities; determining the extent of achievement against master plans and plans in each period or phase; and analyzing causes affecting investment results and proposing solutions to raising investment efficiency in the subsequent period or phase.

15. “Component project of a public investment program” means a combination of interrelated activities aiming at achieving one or more than one specific objective of the program which are carried out in a prescribed locality within a certain period of time and based on identified resources.

16. “Component project manager” means an agency or organization assigned to manage a component project of a public investment program.

17. “Project user” means an agency or organization assigned to operate a project.

18. “Investment project using other sources” means a non-state-funded investment project.

19. “State capital other than public investment funds” means the state capital prescribed in the 2013 Bidding Law, excluding the public investment funds as prescribed by the law on public investment.

20. “National important project” means a national important project prescribed in the Law on Public Investment and Law on Construction; project with investment policies decided by the National Assembly as prescribed in the Law on Investment in the Form of Public-Private Partnership; project with investment policy approved by the National Assembly as prescribed in the Law on Investment.

 

Chapter II

ORGANIZATION AND MODE OF OPERATION OF STATE APPRAISAL COUNCIL

 

Article 4. Organization, responsibilities and powers of the State Appraisal Council

1. The State Appraisal Council which is established under the Prime Minister's decision for each project shall organize the appraisal of national important projects (pre-feasibility study report or feasibility study report) for submission to the National Assembly for decision or approval of investment policy or for reporting to the Prime Minister for investment decision. 

2. The State Appraisal Council consists of the Chairperson, the Vice Chairperson and other members of the State Appraisal Council. The Chairperson of the State Appraisal Council is the Minister of Planning and Investment; the Vice Chairperson and other members of the State Appraisal Council are representatives of leaders of ministries and relevant agencies as decided by the Prime Minister at the request of the Ministry of Planning and Investment.

3. The Chairperson, Vice Chairperson and members of the State Appraisal Council shall take responsibility before the Prime Minister for organizing appraisal and appraisal activities according to the assigned tasks; giving the State Appraisal Council’s evaluation opinions on appraisal results, conclusions and recommendations regarding assigned contents of national important projects, and according to the State Appraisal Council’s operating regulations.

4. The State Appraisal Council has the following powers:

a) Considering and deciding on issues relating to work contents, programs and plans of the State Appraisal Council and other related matters during the process of appraisal of a national important project;

b) Requesting project owners, investors or agency assigned to prepare investment to provide relevant documents during the process of appraising a national important project, pay costs of inspection and appraisal according to the approved estimate and appraisal schedule;

c) Requesting the consultancy contractor (or relevant agency) to provide relevant documents during the inspection and appraisal of a national important project.

5. The State Appraisal Council works on a collective basis under the direction of the Chairperson of the Council. A meeting of the State Appraisal Council is considered valid when at least 50% of the members attend (including authorized persons). The concluding opinions are agreed upon by majority rule. In case the voting rate is equal and reaches 50% of the Council members (including the number present at the meeting and the number of written votes sent to the Council), the issue shall be approved according to the opinion voted by the Chairperson of the Council.

The final conclusion through the appraisal contents of important national projects submitted to the Government and Prime Minister must be approved by at least 2/3 of the members of the State Appraisal Council. Opinions of members of the State Appraisal Council are made by voting at the meeting or in writing sent to the State Appraisal Council.

6. The State Appraisal Council shall be automatically dissolved after completing all prescribed appraisal tasks.

Article 5. Responsibilities and powers of the Chairperson of the State Appraisal Council

1. To consider approving the appraisal plan after receiving opinions from the State Appraisal Council, decide on convening the State Appraisal Council’s meetings, assume the responsible for meetings; assign responsibilities to the Vice Chairperson and members of the State Appraisal Council.

2. To decide on establishing the interdisciplinary appraisal expert team according to the task requirements for each national important project.

3. In case of necessity, the State Appraisal Council’s Chairperson may authorize one Vice Chairperson to convene and assume the responsible for the State Appraisal Council’s meetings or report to the Government on certain contents or tasks directly undertaken by the Vice Chairperson.

4. To decide on hiring and selecting a consultant in inspection of national important project in accordance with Articles 10 and 11 of this Decree.

Article 6. Responsibilities and powers of the State Appraisal Council’s Vice Chairperson

1. Assisting the State Appraisal Council’s Chairperson in directing operations of the State Appraisal Council; monitoring and performing duties of the State Appraisal Council assigned by the State Appraisal Council's Chairperson; regularly making a review report on the State Appraisal Council's performance.

2. Assisting the State Appraisal Council’s Chairperson in reviewing and assessing reports on specialized matters and the State Appraisal Council's other activities for submission to the Prime Minister.

Article 7. Responsibilities and powers of the State Appraisal Council’s members

1. Considering opinions as to contents of appraisal of national important project related to the fields within the functions and tasks of Ministries, agencies and localities within the ambit of management and general matters of national important project according to the State Appraisal Council’s appraisal plan.

2. Mobilizing human resources, working equipment and researching facilities within the ambit of management to fulfill the assigned tasks.

3. Fully participating in the State Appraisal Council’s meetings, exchanging contributed opinions as to contents of review and appraisal, casting their votes for the State Appraisal Council’s conclusions. In some special cases, where it is impossible to participate in a meeting, a Council member must authorize a competent representative to participate in the State Appraisal Council’s meeting and give opinions in writing regarding contents consulted.

4. Taking responsibility for their appraisal opinions and votes.

Article 8. Duties of the standing body of the State Appraisal Council

The standing body of the State Appraisal Council is the Ministry of Planning and Investment with the following duties:

1. Mobilizing the Ministry’s apparatus to assist the State Appraisal Council’s Chairperson in organizing the appraisal of national important project and general operations of the State Appraisal Council; coordinating with relevant agencies, interdisciplinary appraisal expert team and Inspection Consultancy Group to perform appraisal tasks.

2. Receiving and examining project dossiers, and send them to the State Appraisal Council’s members, agencies and units involved.

3. Developing a plan for appraisal of national important project by adopting the form prescribed in Appendix to this Decree for submission to the State Appraisal Council.

4. Performing other duties as assigned by the State Appraisal Council's Chairperson.

5. Archiving dossiers of appraisal of national important project as prescribed.

Article 9. Duties of the interdisciplinary appraisal expert team

1. The interdisciplinary appraisal expert team is a unit established to assist the State Appraisal Council which consists of experts of ministries, local agencies and other relevant agencies.

2. The interdisciplinary appraisal expert team shall have the following duties:

a) Preparing appraisal contents which are delivered to the State Appraisal Council's members;

b) Preparing modifications or amendments to dossiers at the request of the State Appraisal Council’s members during the process of appraisal for submission to the State Appraisal Council;

c) Carrying out necessary works to assist the State Appraisal Council in choosing an inspection consultant in accordance with Article 11 of this Decree whenever it is necessary to employ inspection consultant;

d) Preparing contracts for inspection consultancy, contract acceptance records and other relevant documents used for the purpose of finalization or settlement of costs of appraisal and inspection of national important project;

dd) Consolidating opinions obtained from the State Appraisal Council’s members, and suggesting and requesting the State Appraisal Council’s Chairperson to review and decide any issue that may arise during the appraisal process;

e) Drafting an appraisal report of the State Appraisal Council for submission to the State Appraisal Council’s Chairperson for review and submission of such report to the Government;

g) Implementing other tasks assigned by the State Appraisal Council.

 

Chapter III

HIRE OF INSPECTION CONSULTANT AND COST OF APPRAISAL AND INSPECTION OF NATIONAL IMPORTANT PROJECTS

 

Article 10. Competence to decide hire of a consultant in inspection of national important project

1. Inspection consultant refers to a domestic or foreign organization or individual, or a domestic or foreign joint venture (hereinafter referred to as “consultant” or “inspection consultant") hired by the State Appraisal Council to perform one or several part(s) of contents of appraisal of national important project.

2. The Prime Minister shall consider and decide a plan for selection of inspection consultant in special case as prescribed in Article 26 of the Bidding Law at the request of the Minister of Planning and Investment.

3. The State Appraisal Council’s Chairperson shall approve the appraisal plan; the plan for selection of inspection consultant and decide on hiring consultant in inspection of national important project in the form of selection as prescribed in Article 11 of this Decree.

Article 11. Procedures for selection of consultant in inspection of national important project

1. Selection of inspection consultant in special cases:

a) The interdisciplinary appraisal expert team shall determine the consultancy contractor that has sufficient competence and experience to immediately provide consultancy services and recommend such contractor to the State Appraisal Council's Chairperson for approval.

b) Within 15 days from the approval date, the interdisciplinary appraisal expert team must complete the direct appointment procedure, including:

- Prepare and send a draft agreement to the consultancy contractor, including requirements regarding extent and scope of work to be carried out, work schedule and work quality to be satisfied and equivalent value for negotiating and finalizing the contract;

- Proceed to negotiate and complete the contract;

- Submit the State Appraisal Council's Chairperson the result of selection of consultant in inspection of specific projects for approval;

- Prepare conclusion of the contract with the selected consultant. The contract is signed by three parties, including the representative of the State Appraisal Council, the project owner (investor or the agency assigned to prepare investment in projects) and the selected consultant.

2. Other cases as prescribed by the Bidding Law.

Article 12. Costs of appraisal and hire of inspection consultant for national important project conducted by the State Appraisal Council

1. Cost of inspection refers to the cost of hire of inspection consultant for national important project conducted by the State Appraisal Council.

2. Cost of appraisal refers to costs used for assisting in appraisal of national important project conducted by the State Appraisal Council (exclusive of cost of inspection prescribed in Clause 1 of this Article). Cost of appraisal shall include remuneration paid to the State Appraisal Council’s members and the interdisciplinary appraisal expert team; cost of meeting, stationery supplies and site survey (if any), other relevant and cost contingency.

3. Cost of inspection and appraisal of national important project shall be determined as follows:

a) Maximum cost of inspection of pre-feasibility study report shall be equal to the maximum cost of inspection of feasibility study report;

b) Cost of appraisal shall be equal to 20% of the abovementioned maximum cost of inspection. If the maximum cost of inspection is unavailable and it is required to make an estimate of inspection cost as prescribed at Point c Clause 3 of this Article, an estimate of corresponding appraisal cost shall be made.

c) The maximum cost of inspection of feasibility study report shall comply with the law on construction. In the case where a foreign consultant or domestic-foreign joint venture is hired or the maximum cost is unavailable, it is required to make a cost estimate, including:

- Cost of hiring experts: salary paid to consulting experts during the inspection and appraisal;

- - Other costs: costs in service of and support the consulting contractor's activities during the period of conducting verification consulting activities such as: travel costs (international and domestic), office rental costs rooms, office equipment, office operating costs, communication costs, food and accommodation support costs for consultants, professional liability insurance costs (if any) and other costs;

- Taxes: taxes payable by the inspection consultancy contractor as prescribed by Vietnamese law;

- Cost contingency: contingency for additional work load and cost escalation during the period when the inspection consultancy contractor performs its duties.

4. Cost of appraisal and hire of consultant in inspection of national important project shall be included in the total investment and paid by project owners, investors or agencies assigned to prepare investment in such projects at the request of the State Appraisal Council, ensuring appraisal and inspection progress of national important project according to the plan.

Project owners, investors or agencies assigned to prepare investment shall be liable for paying cost of inspection to inspection consultants as agreed upon in the signed contract after receiving opinions from the State Appraisal Council.

5. In case of necessity, the State Appraisal Council shall request project owners, investors or agencies assigned to prepare investment to make, appraise and approve the estimate of costs of hiring inspection consultant. In the case where the project owners, investors or agencies assigned to prepare investment do not have sufficient competence and experience to carry out appraisal, consultancies that have sufficient competence and experience as prescribed may be hired to carry out inspection prior to approval.

6. The State Appraisal Council shall allow the State Appraisal Council members and the interdisciplinary appraisal expert team to autonomously take control of their spending and other relevant costs with a view to assuring the State Appraisal Council's appraisal activities.

7. Inspection consultants shall be responsible to the State Appraisal Council, project owners, investors or agencies assigned to prepare investment and the law for their conducted inspection results.

 

Chapter IV

DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF DECISION ON INVESTMENT POLICY AND ADJUSTMENTS TO INVESTMENT POLICY OF NATIONAL IMPORTANT PROJECTS

 

Section 1. DOSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF DECISION ON INVESTMENT POLICY OF NATIONAL IMPORTANT PROJECT USING PUBLIC INVESTMENT FUNDS

 

Article 13. Dossiers and procedures for application for internal appraisal by project owners or units affiliated to agencies assigned to prepare investment

1. A dossier submitted to apply for internal appraisal comprises:

a) An application for internal appraisal submitted by the project owner or unit affiliated to the agency assigned to prepare investment;

b) A pre-feasibility study report;

c) Other relevant documents (if any).

2. The project owner or unit affiliated to the agency assigned to prepare investment shall submit 15 sets of project dossiers as prescribed in Clause 1 of this Article to its managing agency or the agency assigned to prepare investment to carry out internal appraisal as prescribed at Point b Clause 1 Article 19 of the Law on Public Investment. The time limit for internal appraisal shall not exceed 30 days from the date of receiving complete and valid dossiers.

Article 14. Dossiers and procedures for application for appraisal by managing agencies or agencies assigned to prepare investment

1. Dossier submitted to apply for appraisal comprises:

a) An application submitted to the Prime Minister by the managing agency or agency assigned to prepare investment;

b) A pre-feasibility study report completed according to opinions received from the internal appraisal;

c) An internal appraisal report;

d) Other relevant documents (if any).

2. The managing agency or agency assigned to prepare investment shall submit 01 set of dossiers as prescribed in Clause 1 of this Article for report to the Prime Minister, and at the same time, submit 20 sets of dossiers to the Ministry of Planning and Investment.

3. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall report the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise investment policy of the national important project within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

Article 15. Dossiers and procedures for application for appraisal by the State Appraisal Council and the Government

1. A dossier submitted by the State Appraisal Council to apply for appraisal to the Government comprises:

a) An application submitted to the Government by the managing agency or agency assigned to prepare investment;

b) A pre-feasibility study report;

c) An appraisal report of the State Appraisal Council;

d) Other relevant documents (if any).

2. The Government shall consider and give opinions on investment policy of national important project according to the Government’s working regulations.

3. Dossier submitted by the Government to the National Assembly as prescribed in Article 20 of the Law on Public Investment comprises:

a) An application prepared by the Government;

b) The documents prescribed in Clause 1 of this Article;

c) Other relevant documents (if any).

Article 16. Contents of appraisal of decision on investment policy of national important project using public investment funds

1. Evaluation of project dossiers: legal bases, components and contents of dossiers according to regulations.

2. Satisfaction of criteria for determination of national important project;

3. Necessity of investment, conditions for investment, evaluation of conformity with socio-economic development strategies and plans, and relevant planning in accordance with the planning law.

4. Evaluation of demand forecast, influence coverage and proposed objectives of investment, scale and form of investment.

5. Evaluation of location and site of investment, proposed demand for land area used and demand for utilization of other natural resources (if any); evaluation of the compensation, assistance, land clearance and relocation plan.

6. Evaluation of analysis, preliminary choice in terms of key technology and techniques, and conditions for supply of raw materials, equipment, energy, services and infrastructure;

7. Evaluation of analysis, preliminary selection of investment plans and scale of investment constituents;

8. Preliminary evaluation of environmental impacts (if any) prescribed by the law on environmental protection.

9. Evaluation of determination of preliminary total investment and capital raising plan: bases for determination of preliminary total investment; capital source structure; preliminary analysis of feasibility of capital raising plans and capability of balancing public investment funds.

10. Evaluation of determination of preliminary costs of operation, maintenance, overhaul and major repair during the period of operation of projects.

11. Evaluation of the proposed progress of execution of projects, division of investment phases or component or subordinate projects (if any).

12. Preliminary evaluation of investment efficiency in terms of finance, society, economy, national defense and security and sustainable development.

13. Evaluation of solutions for organizing execution of projects: definition of the project owner (if any); form of project management.

14. Evaluation of particular mechanisms and policies; investment incentives and assistance and conditions for application of this Decree (if any).

 

Section 2. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF DECISION ON INVESTMENT POLICY OF PPP PROJECTS WITH INVESTMENT POLICIES DECIDED BY THE NATIONAL ASSEMBLY

 

Article 17. Dossiers and procedures for application for appraisal

1. Dossier submitted to apply for appraisal:

a) Dossier submitted by the competent agency includes the documents prescribed in Clause 1 Article 15 of the Law on Investment in the Form of Public-Private Partnership.

b) Dossier submitted by the investor includes the documents prescribed at Point c Clause 1 Article 27 of the Law on Investment in the Form of Public-Private Partnership.

2. The competent agency shall submit 01 set of dossiers as prescribed in Clause 1 of this Article as a report to the Prime Minister, and at the same time, submit 20 sets of dossiers to the Ministry of Planning and Investment.

3. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise investment policy of projects within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

5. Dossier submitted by the State Appraisal Council to apply for appraisal to the Government includes:

a) The documents prescribed in Clause 1 of this Article;

b) An appraisal report prepared by the State Appraisal Council;

c) Other relevant documents (if any).

6. The Government shall consider and give opinions on investment policy of the project according to the Government’s working regulations.

7. Dossier submitted by the Government to the National Assembly shall comply with Article 16 of the Law on Investment in the Form of Public-Private Partnership.

Article 18. Contents of appraisal of decision on investment policy of projects

1. Evaluation of project dossiers: legal bases, components and contents of dossiers according to regulations.

2. Satisfaction of criteria for determination of projects with investment policies decided by the National Assembly.

3. Conformity with requirements for project’s eligibility for PPP investment prescribed in Clause 1 Article 14 of the Law on Investment in the Form of Public-Private Partnership.

4. Conformity with bases for preparation of pre-feasibility study reports prescribed in Clause 2 Article 14 of the Law on Investment in the Form of Public-Private Partnership.

5. Conformity with the socio-economic development strategies and plans, and relevant planning in accordance with the planning law.

6. Evaluation of objectives; proposed project scale, site and duration of the project, demands for use of land and other natural resources;

7. Evaluation of analysis, preliminary choice in terms of key technology and techniques, and conditions for supply of raw materials, equipment, energy, services and infrastructure;

8. Evaluation of analysis, preliminary selection of investment plans and scale of investment constituents;

9. Evaluation of the compensation, assistance, land clearance and relocation plan.

10. Preliminary evaluation of environmental impacts (if any) prescribed by the law on environmental protection.

11. Evaluation of determination of preliminary total investment.

12. Evaluation of determination of preliminary costs of operation, maintenance, overhaul and major repair during the period of operation of projects;

13. Evaluation of division of investment phases or component or subordinate projects (if any).

14. Preliminary evaluation of investment efficiency in terms of finance, society, economy; effects of PPP projects on the community and population living within these projects; effects of projects on national defense, security and sustainable development; capital recovery.

15. Relevance of the PPP contract type.

16. Mechanism for distribution of revenue reductions.

17. Funding sources and capital balancing capability of PPP projects using state capital.

18. Evaluation of form of project management.

19. Evaluation of particular mechanisms and policies; investment incentives and assistance and conditions for application (if any).

 

Section 3. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF APPROVAL FOR INVESTMENT POLICY OF PPP PROJECTS WITH INVESTMENT POLICY APPROVED BY THE NATIONAL ASSEMBLY

 

Article 19. Document and procedures for application for appraisal by investors or competent agencies

1. Dossier submitted to apply for appraisal:

a) Dossier submitted to apply for appraisal of approval for investment policy of projects proposed by investors shall comply with Clause 1 Article 33 of the Law on Investment;

b) Dossier submitted to apply for appraisal of approval for investment policy of projects set up by competent agencies shall comply with Clause 2 Article 33 of the Law on Investment.

2. The investor or competent agency shall submit 20 sets of dossiers as prescribed in Clause 1 of this Article to the Ministry of Planning and Investment.

3. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise investment policy of projects within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

Article 20. Dossiers and procedures for application for appraisal by the State Appraisal Council and the Government

1. Dossier submitted by the State Appraisal Council to apply for appraisal to the Government includes:

a) The documents specified in Clause 1 Article 19 of this Decree;

b) An appraisal report prepared by the State Appraisal Council;

c) Other relevant documents (if any).

2. The Government shall consider and give opinions on investment policy of national important project according to the Government’s working regulations.

3. Dossier submitted by the Government to the National Assembly as prescribed in Clause 5 Article 34 of the Law on Investment includes:

a) An application prepared by the Government;

b) The documents prescribed in Clause 1 of this Article;

c) Other relevant documents (if any).

Article 21. Contents of appraisal of approval for investment policy

1. Contents of appraisal of approval for investment policy include:

a) Evaluation of project dossiers: legal bases, components and contents of dossiers according to regulations.

b) Satisfaction of criteria for determination of projects with investment policy approved by the National Assembly;

c) Necessity of executing the investment project;

d) Conformity of the investment project with national planning, regional planning, provincial planning, urban planning and special economic - administrative unit planning (if any);

dd) Objectives, scale, location, duration, execution schedule of the investment project, demand for land use, land clearance and relocation plan, options to select primary technologies;

e) Evaluation of the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;

g) Evaluation of determination of preliminary total investment; capital sources and feasibility of capital sources;

h) Preliminary evaluation of investment efficiency in terms of finance, society, economy, national defense and security and sustainable development;

i) Preliminary evaluation of environmental impacts (if any) prescribed by the law on environmental protection;

k) Evaluation of investment incentives and conditions for enjoying investment incentives (if any);

l) Evaluation of conformity of the investment project with the objectives and orientation for urban development, and residential housing development programs and plans; preliminary plan for phasing of investment with a view to synchronism assurance; preliminary structure of residential housing products and provision of land for social residential housing development; preliminary plan for investment in construction and management of urban infrastructure inside and outside the project in the case of a project on construction of residential houses and urban areas.

m) Special policies and mechanisms; investment incentives, investment assistance and s (if any).

2. Contents of appraisal of approval for both investment policy and investors:

a) The contents prescribed in Clause 1 of this Article;

b) The ability to satisfy the conditions for land allocation or land lease in the case of land allocation or land lease without auction of the land use right or bidding for investor selection; the ability to satisfy the conditions for land repurposing if the project requires land repurposing;

c) Evaluation of satisfaction of market access conditions applied to foreign investors (if any);

d) Other conditions applicable to the investor in accordance with relevant laws.

 

Section 4. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF APPROVAL FOR OFFSHORE INVESTMENT POLICY

 

Article 22. Dossiers and procedures for application for appraisal by investors

1. The investor shall submit 20 sets of dossiers as prescribed in Clause 1 Article 57 of the Law on Investment to the Ministry of Planning and Investment.

2. Within 05 business days after receiving all required project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

3. The State Appraisal Council shall appraise offshore investment policy within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

Article 23. Dossiers and procedures for application for appraisal by the State Appraisal Council and the Government

1. Dossier submitted by the State Appraisal Council to the Government includes:

a) The documents prescribed in Clause 1 Article 57 of the Law on Investment;

b) An appraisal report prepared by the State Appraisal Council;

c) Other relevant documents (if any).

2. The Government shall consider and give opinions on offshore investment policy according to the Government’s working regulations.

3. Dossier submitted by the Government to the National Assembly as prescribed in Clause 5 Article 57 of the Law on Investment includes:

a) An application prepared by the Government;

b) The documents prescribed in Clause 1 of this Article;

c) Other relevant documents (if any).

Article 24. Contents of appraisal of approval for offshore investment policy

1. Evaluation of project dossiers: legal bases, components and contents of dossiers according to regulations.

2. Satisfaction of criteria for determination of projects with investment policy approved by the National Assembly;

3. Conditions for issuance of the offshore investment registration certificate prescribed in Article 60 of the Law on Investment.

4. Legal status of the investor.

5. Necessity of conducting offshore investment activities.

6. Conformity of the investment project with Clause 1 Article 51 of the Law on Investment.

7. Form, scale, location and execution schedule of the investment project, offshore investment capital and sources of capital.

8. Evaluation of level of risks in the host country.

9. Special policies and mechanisms; investment incentives, investment assistance and conditions for application (if any).

 

Section 5. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF ADJUSTMENTS TO INVESTMENT POLICY OF NATIONAL IMPORTANT PROJECT USING PUBLIC INVESTMENT FUNDS

 

Article 25. Dossiers and procedures for application for internal appraisal of adjustments to investment policy by project owners or units affiliated to agencies assigned to prepare investment

1. Dossier submitted to apply for internal appraisal includes:

a) An application for internal appraisal submitted by the project owner or unit affiliated to the agency assigned to prepare investment;

b) Adjusted pre-feasibility study report or adjusted feasibility study report;

c) A report on supervision and evaluation of adjustments to the investment project;

d) Other relevant documents (if any).

2. The project owner or unit affiliated to the agency assigned to prepare investment shall submit 15 sets of dossiers as prescribed in Clause 1 of this Article to its managing agency or the agency assigned to prepare investment to carry out internal appraisal as prescribed at Point b Clause 2 Article 34 and Point Clause 1 Article 19 of the Law on Public Investment. The time limit for internal appraisal shall not exceed 30 days from the date of receiving complete and valid dossiers.

3. The project owner or unit affiliated to the agency assigned to prepare investment shall complete the project dossiers based on the contents of internal appraisal.

Article 26. Dossiers and procedures for application for appraisal of adjustments to investment policy by managing agencies or agencies assigned to prepare investment

1. Dossier submitted to apply for appraisal includes:

a) An application submitted to the Prime Minister by the managing agency or agency assigned to prepare investment;

b) Adjusted pre-feasibility study report or adjusted feasibility study report that has been completed according to opinions received from the internal appraisal;

c) The internal appraisal report prescribed in Clause 2 Article 29 of this Decree;

d) A report on supervision and evaluation of adjustments to the investment project;

dd) Other relevant documents (if any).

2. The managing agency or agency assigned to prepare investment shall submit 01 set of dossiers as prescribed in Clause 1 of this Article as a report to the Prime Minister, and at the same time, submit 20 sets of dossiers to the Ministry of Planning and Investment.

3. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise adjustments to investment policy of the project within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

Article 27. Dossiers and procedures for application for appraisal by the State Appraisal Council and the Government

1. Dossier submitted by the State Appraisal Council to the Government includes:

a) The documents prescribed in Clause 1 Article 26 of this Decree;

b) An appraisal report prepared by the State Appraisal Council;

c) Other relevant documents (if any).

2. The Government shall consider and give opinions on investment policy of the project according to the Government’s working regulations.

3. Dossier submitted by the Government to the National Assembly includes:

a) An application prepared by the Government;

b) The documents prescribed in Clause 1 of this Article;

c) Other relevant documents (if any).

Article 28. Contents of appraisal of adjustments to investment policy of national important project using public investment funds

All adjustments must be appraised as same as those prescribed in Article 16 of this Decree.

 

Section 6. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF ADJUSTMENTS TO INVESTMENT POLICY OF PPP PROJECTS WITH INVESTMENT POLICIES DECIDED BY THE NATIONAL ASSEMBLY

 

Article 29. Dossiers and procedures for application for appraisal of adjustments to investment policy

1. Dossier submitted by the competent agency includes the documents prescribed in Clause 4 Article 18 of the Law on Investment in the Form of Public-Private Partnership.

2. The competent agency shall submit 01 set of dossiers as prescribed in Clause 1 of this Article as a report to the Prime Minister, and at the same time, submit 20 sets of dossiers to the Ministry of Planning and Investment.

3. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise adjustments to investment policy of national important project within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

5. Dossier submitted by the State Appraisal Council to the Government includes:

a) The documents prescribed in Clause 1 of this Article;

b) An appraisal report prepared by the State Appraisal Council;

c) Other relevant documents (if any).

6. The Government shall consider and give opinions on investment policy of national important project according to the Government’s working regulations.

7. Dossier submitted by the Government to the National Assembly includes:

a) An application prepared by the Government;

b) The documents prescribed in Clause 5 of this Article;

c) Other relevant documents (if any).

Article 30. Contents of appraisal of adjustments to investment policy of projects

All adjustments must be appraised as same as those prescribed in Article 18 of this Decree.

 

Section 7. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF APPROVAL FOR ADJUSTMENTS TO INVESTMENT POLICY OF INVESTMENT PROJECTS AS PRESCRIBED IN ARTICLE 41 OF THE LAW ON INVESTMENT

 

Article 31. Dossiers and procedures for application for appraisal of approval for adjustments to investment policy of projects

1. Dossier submitted by the investor to apply for appraisal comprises:

a) An application for approval for adjustments to investment policy, which specifies the adjustments and reason for adjustment;

b) Adjusted proposal for the investment project or adjusted pre-feasibility study report or adjusted feasibility study report;

c) The documents in Points b, c, dd, e, g and h Clause 1 Article 33 of the Law on Investment related to the adjustments.

d) Other relevant documents (if any).

2. The investor shall submit 20 sets of dossiers as prescribed in Clause 1 of this Article to the Ministry of Planning and Investment.

3. Within 15 days after receiving complete and valid dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise approval for adjustments to investment policy within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

5. Dossier submitted by the State Appraisal Council to the Government comprise:

a) The documents prescribed in Clause 1 of this Article;

b) An appraisal report prepared by the State Appraisal Council;

c) Other relevant documents (if any).

6. The Government shall consider and give opinions on approval for adjustments to investment policy of national important project according to the Government’s working regulations.

7. Dossier submitted by the Government to the National Assembly comprises:

a) An application prepared by the Government;

b) The documents prescribed in Clause 5 of this Article;

c) Other relevant documents (if any).

Article 32. Contents of appraisal of approval for adjustments to investment policy of projects

All adjustments must be appraised as same as those prescribed in Article 21 of this Decree.

 

Section 8. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF APPROVAL FOR ADJUSTMENTS TO OFFSHORE INVESTMENT POLICY

 

Article 33. Dossiers and procedures for application for appraisal of adjustments to offshore investment policy

1. Dossier submitted by the investor to apply for appraisal comprises:

a) An application for approval for adjustments to offshore investment policy, which specifies the adjustments and reason for adjustment;

b) The documents prescribed in Clause 3 Article 63 of the Law on Investment;

c) Other relevant documents (if any).

2. The investor shall submit 20 sets of dossiers as prescribed in Clause 1 of this Article to the Ministry of Planning and Investment.

3. Within 05 business days after receiving all required project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise approval for adjustments to offshore investment policy within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

5. Dossier submitted by the State Appraisal Council to the Government comprises:

a) The documents prescribed in Clause 1 of this Article;

b) An appraisal report prepared by the State Appraisal Council;

c) Other relevant documents (if any).

6. The Government shall consider and give opinions on approval for offshore investment policy according to the Government’s working regulations.

7. Dossier submitted by the Government to the National Assembly comprises:

a) An application prepared by the Government;

b) The documents prescribed in Clause 5 of this Article;

c) Other relevant documents (if any).

Article 34. Contents of appraisal of approval for adjustments to investment policy of projects

All adjustments must be appraised as same as those prescribed in Article 24 of this Decree.

 

Chapter V

DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF DECISION ON INVESTMENT POLICY AND DECISION ON ADJUSTMENTS TO NATIONAL IMPORTANT PROJECTS

 

Section 1. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF DECISION ON INVESTMENT IN NATIONAL IMPORTANT PROJECT USING PUBLIC INVESTMENT FUNDS

 

Article 35. Dossiers and procedures for application for appraisal

1. Dossier submitted by a project owner or agency assigned to prepare investment to apply for appraisal to the managing agency comprises:

a) An application submitted by the project owner to the managing agency;

b) A feasibility study report;

c) The National Assembly’s resolution on approval of investment policy of the national important project;

d) Other relevant documents (if any).

2. Dossier submitted by the managing agency to apply for appraisal comprises:

a) An application submitted to the Prime Minister;

b) A feasibility study report;

c) The National Assembly’s resolution on approval of the investment policy of the national important project;

d) Other relevant documents (if any).

3. The competent agency shall submit 01 set of dossiers as prescribed in Clause 2 of this Article as a report to the Prime Minister, and at the same time, submit 20 sets of dossiers to the Ministry of Planning and Investment.

4. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

5. The State Appraisal Council shall appraise the project dossiers within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date the official inspection result given by the inspection consultant is available.

6. Dossier submitted by the State Appraisal Council to the Prime Minister comprises:

a) The documents prescribed in Clause 2 of this Article;

b) An appraisal report prepared by the State Appraisal Council;

c) Other relevant documents (if any).

7. The Prime Minister shall consider and give opinions on the decision to invest in national important project according to the Government’s working regulations.

Article 36. Contents of appraisal of decision on investment in national important project

1. Appraisal contents consist of:

a) Evaluation of project dossiers: legal bases, components and contents of dossiers according to regulations;

b) Necessity of the project;

c) Conformity of the project with socio-economic development strategies and plans, and relevant planning in accordance with the planning law; conformity with investment policy approved by the competent agency;

d) Evaluation of analysis, determination of objectives, duties and outputs of the project; analysis and selection of the project scale; form of investment; analysis of natural conditions, economic and technical conditions, selection of investment project location;

dd) Evaluation of demands for land to be used; conditions for land allocation, lease and permission for land repurposing in accordance with laws on land (if any);

e) Evaluation of time, progress of project execution, main time periods of project execution; investment phasing;

g) Evaluation of source of materials; machinery, equipment; plan for selection of technology, technique and equipment;

h) Evaluation of environmental impacts (if any) in accordance with the law on environmental protection; fire and explosion prevention; national defence and security assurance and other factors;

i) Evaluation of the total investment: bases for determination and level of accuracy of the total investment; capital source structure and feasibility of capital raising plans; competence in capital raising in conformity with the progress of project execution; competence in capital recovery and loan repayment;

k) Costs of operation, maintenance, overhaul and major repair during the period of operation of the project;

l) Evaluation of investment efficiency, including financial efficiency, and socio-economic efficiency and impacts of the project; widespread effects of the project on development of industries, sectors, territories and localities; on creation of additional budget revenues, employment, income and lives of residents; effects on environment and sustainable development;

m) Risk analysis; human resource training (if any);

n) Evaluation of the planning for compensation, site clearance, relocation, farming and residential relocation (if any);

o) Evaluation of conduct of management of the project, including determination of the project owner; form of project management; relationship and responsibility of entities relating to the process of project execution, organization of the mechanism for management and operation of the project.

2. Regarding any project with a construction constituent, in addition to evaluation of the contents prescribed in Clause 1 of this Article, appraisal of the fundamental design plan in accordance with the law on construction must be carried out. To be specific:

a) Conformity of fundamental design solutions with design tasks; list of applicable standards;

b) Compliance with the law on preparation of the fundamental design; the fulfillment of construction operation capability conditions by organizations and individuals practicing construction;

c) Conformity of the fundamental design with construction planning and other detailed planning as prescribed by the planning law or the plan on the line of works and the construction location approved by competent agencies;

d) For the urban area construction investment project, the regional infrastructure connectivity; the fulfillment of technical infrastructure requirements and assignment of responsibility to manage the works in accordance with relevant laws;

dd) Conformity of fundamental design solutions to ensuring construction safety;

e) Compliance with technical regulations and application of standards in accordance with the law on technical regulations and standards.

 

Section 2. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF APPROVAL FOR PPP PROJECTS

 

Article 37. Dossiers and procedures for application for appraisal

1. Dossier submitted by competent agencies to apply for appraisal shall comply with Clause 1 Article 20 of the Law on Investment in the Form of Public-Private Partnership.

2. The competent agency shall submit 01 set of dossiers as prescribed in Clause 1 of this Article as a report to the Prime Minister, and at the same time, submit 20 sets of dossiers to the Ministry of Planning and Investment.

3. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise the project within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

5. Dossier submitted by the State Appraisal Council to the Prime Minister for consideration and decision on investment in the project shall comply with Article 22 of the Law on Investment in the Form of Public-Private Partnership.

6. The Prime Minister shall consider and give opinions on the decision to invest in national important project according to the Government’s working regulations.

Article 38. Contents of appraisal of approval for projects

1. Appraisal contents consist of:

a) Evaluation of project dossiers: legal bases, components and contents of dossiers according to regulations;

b) Necessity of investment;

c) Conformity with socio-economic development strategies and plans, and relevant planning in accordance with the planning law; conformity with investment policy approved by the competent agency;

d) Evaluation of objectives, scale, location, time, progress of execution of projects, demand for use of land and other natural resources;

dd) Evaluation of analysis, preliminary choice in terms of key technology and techniques, and conditions for supply of raw materials, equipment, energy, services and infrastructure;

e) Evaluation of analysis and selection of investment plans and scale of investment constituents;

g) Evaluation of the compensation, assistance, land clearance and relocation plan;

h) Evaluation of environmental impacts (if any) prescribed by the law on environmental protection;

i) Evaluation of determination of the total investment;

k) Evaluation of determination of costs of operation, maintenance, overhaul and major repair during the period of operation of the project;

l) Evaluation of division of investment phases or component or subordinate projects (if any);

m) Evaluation of investment efficiency in terms of finance, society, economy; effects of PPP projects on the community and population living within these projects; effects of projects on national defense, security and sustainable development; capital recovery;

n) Relevance of the PPP contract type;

o) Mechanism for distribution of revenue reductions;

p) Funding sources and capital balancing capability of PPP projects using state capital;

q) Evaluation of form of project management;

r) Plans for organization of management, business or provision of public products and services;

s) Evaluation of particular mechanisms and policies; investment incentives and assistance and conditions for application (if any).

2. Regarding any project with a construction constituent, in addition to evaluation of the contents prescribed in Clause 1 of this Article, appraisal of the fundamental design plan in accordance with laws on construction must be carried out. To be specific:

a) Conformity of fundamental design solutions with design tasks; list of applicable standards;

b) Compliance with the law on preparation of the fundamental design; the fulfillment of construction operation capability conditions by organizations and individuals practicing construction;

c) Conformity of the fundamental design with construction planning and other detailed planning as prescribed by the Planning law or the plan on the line of works and the construction location approved by competent agencies;

d) For the urban area construction investment project, the regional infrastructure connectivity; the fulfillment of technical infrastructure requirements and assignment of responsibility to manage the works in accordance with relevant laws;

dd) Conformity of fundamental design solutions to ensuring construction safety;

e) Compliance with technical regulations and application of standards in accordance with the law on technical regulations and standards.

 

Section 3. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF ADJUSTMENTS TO NATIONAL IMPORTANT PROJECT USING PUBLIC INVESTMENT FUNDS

 

Article 39. Dossiers and procedures for application for appraisal

1. Dossier submitted by a project owner to apply for appraisal of adjustments to the investment project includes:

a) An application for appraisal of adjustments to the investment project;

b) Adjusted feasibility study report;

c) A report on supervision and evaluation of adjustments to the investment project;

d) Other relevant documents (if any).

2. The project owner shall submit the documents prescribed in Clause 1 of this Article to the supervisory as a report to the Prime Minister.

3. Dossier submitted by the managing agency to apply for appraisal of adjustments to the investment project includes:

a) An application submitted to the Prime Minister;

b) The documents prescribed in Clause 1 of this Article;

4. The competent agency shall submit 01 set of dossiers as prescribed in Clause 3 of this Article as a report to the Prime Minister, and at the same time, submit 20 sets of dossiers to the Ministry of Planning and Investment.

5. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

6. The State Appraisal Council shall appraise the project within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

7. Dossier submitted by the State Appraisal Council to the Prime Minister includes:

a) The documents prescribed in Clause 3 of this Article;

b) A report on appraisal of adjustments to the project prepared by the State Appraisal Council;

c) Other relevant documents (if any).

8. The Prime Minister shall consider and give opinions on the decision to adjust the project according to the Government’s working regulations.

Article 40. Contents of appraisal of adjustments to the project

All adjustments must be appraised as same as those prescribed in Article 36 of this Decree.

 

Section 4. DOSSIERS, PROCEDURES AND CONTENTS OF APPRAISAL OF ADJUSTMENTS TO PPP PROJECTS

 

Article 41. Dossiers and procedures for application for appraisal

1. Dossier submitted by a competent agency to apply for appraisal of adjustments to the project comprises:

a) An application for appraisal;

b) A draft application for approval for adjustments;

c) Adjusted feasibility study report;

d) Decision on investment policy;

dd) A report on supervision and evaluation of adjustments to the investment project;

e) Other relevant documents (if any).

2. The competent agency shall submit 01 set of dossiers as prescribed in Clause 1 of this Article as a report to the Prime Minister, and at the same time, submit 20 sets of dossiers to the Ministry of Planning and Investment.

3. Within 15 days after receiving the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 of this Decree.

4. The State Appraisal Council shall appraise the project dossiers within 90 days from the establishment date. In case of hiring an inspection consultant, the time limit for appraisal by the State Appraisal Council starts from the date of signing the consultant hiring contract.

5. Dossier submitted by the State Appraisal Council to the Prime Minister for consideration and decision on investment in the project shall comply with Clause 4 Article 24 of the Law on Investment in the Form of Public-Private Partnership.

6. The Prime Minister shall consider and give opinions on the decision to adjust the project according to the Government’s working regulations.

Article 42. Contents of appraisal of adjustments to the project

All adjustments must be appraised as same as those prescribed in Article 38 of this Decree.

 

Chapter VI

INVESTMENT SUPERVISION AND EVALUATION PROGRAMS OR PROJECTS

 

Section 1. SUPERVISION AND EVALUATION OF PUBLIC INVESTMENT PROGRAMS

 

Article 43. Responsibility to supervise public investment program

1. Owners of the program and component projects shall monitor and inspect the investment process of the public investment program according to the approved contents and criteria in order to ensure achievement of objectives and investment efficiency.

2. The managing agency and person competent to decide investment (hereinafter referred to as “the investment-deciding person”) in the program shall monitor and inspect the program within the ambit of management. Inspection shall be carried out as follows:

a) The program with the investment duration longer than 12 months shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objective or scale of the project is changed or the total investment is increased.

3. The public investment agency shall monitor and inspect the program under its management.

4. The public investment agency, managing agency and person competent to decide the investment policy of the program shall decide to organize planned and ad hoc inspections of the program.

Article 44. Contents of supervision by program owner

The program owner shall monitor and inspect the entire process of execution of the program and make a report on the following issues:

1. Management of the program execution: formulation of an overall plan and detailed plan for launching the program; implementation and adjustment of plans;

2. Progress of program execution: progress of achievement of the program’s objectives; progress of component projects of the program; value of finished works.

3. Implementation of capital investment plan: raising capital for the program; disbursement; outstanding debts accruing from capital construction activities (if any).

4. Capacity for execution of component projects and adherence of owners of component projects to regulations on investment management.

5. Proposed plans for resolving difficulties and issues beyond the program owner’s competence.

Article 45. Contents of supervision by the managing agency and investment-deciding person in the program

1. Monitoring contents:

a) Compliance with reporting regulations by the program owner and owners of component projects of the program;

b) Formulation, appraisal and approval of projects of the program;

c) Progress of program execution: progress of achievement of the program’s objectives; progress of implementation of the capital investment and disbursement plan; primary difficulties affecting the program execution, and results of resolution;

d) Implementation of measures by the program owner and owners of component projects;

dd) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Management of execution of the program by the owner and management of execution of component projects by the owners;

b) Implementation of measures for resolving issues adopted by relevant agencies and units.

Article 46. Contents of supervision by owners of component projects

1. Monitoring contents:

a) Execution of component projects of the program: setting up, appraisal and approval of investment projects; execution of investment projects; implementation of capital investment and disbursement plan; difficulties that arise, and results of resolution;

b) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Execution and management of component projects;

b) Compliance with regulations on investment management and owner’ capacity of project management;

c) Implementation of measures for resolving discovered issues.

Article 47. Contents of supervision by public investment agencies

1. Monitoring contents:

a) Compliance with reporting regulations by the program owner and owners of component projects of the program;

b) Progress of program execution: progress of achievement of the program’s objectives; progress of implementation of the capital investment and disbursement plan; primary difficulties affecting the program execution and results of resolution;

c) Implementation of measures by the program owner and owners of component projects;

d) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Compliance with regulations on formulation and appraisal of, and decision on investment in projects, and decision on adjustments to projects (if any) of the program;

b) Management and execution of the program by the managing agency, program owner and owners of component projects;

c) Implementation of measures for resolving issues adopted by relevant agencies and units.

Article 48. Supervision of investment projects of a public investment program

Supervision of investment projects of a public investment program shall comply with Sections 2, 3, 4 and 5 of this Chapter.

Article 49. Evaluation of public investment programs

1. A public investment program shall be assessed as follows:

a) Every public investment program must undergo an initial evaluation, mid-term or phase-based evaluation, final evaluation and impact evaluation;

b) The managing agency and investment-deciding person shall decide irregular evaluation of the program in case of necessity.

2. Responsibility for evaluation of public investment programs:

a) The program owner shall carry out the initial evaluation, mid-term or phase-based evaluation, and final evaluation;

b) The investment-deciding person shall carry out irregular evaluation and impact evaluation;

c) The public investment agency and managing agency shall carry out various types of planned and irregular evaluations of the programs within the ambit of management.

3. Evaluation contents shall comply with Article 73 of the Law on Public Investment.

4. Evaluation of investment efficiency of a 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).

b) Criteria for evaluation of investment efficiency of the public investment program: the conformity of the program with national and 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.

 

Section 2. SUPERVISION AND EVALUATION OF PUBLIC INVESTMENT PROJECTS

Article 50. Responsibility to supervise public investment projects

1. Every project owner shall monitor and inspect the entire investment process of the project according to the approved contents and criteria to ensure achievement of objectives and investment efficiency.

2. Managing agencies and investment-deciding persons shall monitor and inspect projects within the ambit of management. Inspection shall be carried out as follows:

a) A project with the investment duration longer than 12 months shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objective or scale of the project is changed or the total investment is increased.

3. Public investment agencies and specialized state management agencies shall monitor and inspect projects within the ambit of management.

4. Public investment agencies, specialized state management agencies, managing agencies and investment-deciding persons shall decide to organize planned and ad hoc inspections of projects.

Article 51. Contents of supervision by the project owner and project user

1. The project owner shall monitor and inspect the entire process of execution of the program and make a report on the following issues:

a) Management of the project execution: formulation of an overall plan and detailed plan for project execution; implementation and adjustment of such plans;

b) Execution of the project: progress, amount and value of finished works; work quality; fluctuation during the project execution;

c) Implementation of capital investment plan: raising capital for the project; disbursement (advance, advance withdrawal and payment); financial statement after completion of the project, outstanding debts accruing from capital construction activities (if any) and settlement;

d) Capacity for project execution and Compliance with regulations on investment management of the project management board and contractors;

dd) Difficulties arising in the course of execution of the project and resolution;

e) Proposed plans for resolving difficulties and issues beyond the competence.

2. The project user shall monitor and inspect the entire process of execution of the project and make a report on the following issues:

a) Management and operation of the project;

b) Difficulties arising in the course of operation of the project and resolution;

c) Proposed plans for resolving difficulties and issues beyond the competence.

Article 52. Contents of supervision by the investment-deciding person

1. Monitoring contents:

a) Compliance with reporting regulations by the project owner and project user;

b) Execution of the project: progress; implementation of capital investment plan; disbursement; financial statement after completion of the project; outstanding debts accruing from capital construction activities (if any) and settlement; difficulties affecting the project execution and results of resolution;

c) Operation of the project; primary difficulties affecting project operation and results of resolution;

d) Implementation of measures by the project owner and project user;

dd) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Compliance with regulations on investment supervision and evaluation; bidding; compensation for land clearance and relocation; use of capital and other resources; distribution of capital, disbursement, payment, statement of investment capital; settlement of difficulties arising in the course of project execution; acceptance and inauguration of the project; management and operation of the project; environmental protection;

b) Project execution management by the project owner and project management board;

c) The project’s progress;

d) Project operation by the project user;

dd) Implementation of measures for resolving discovered issues by the agency assigned to prepare investment, project owner, project management board and project user.

Article 53. Contents of supervision by the managing agency and public investment agency

1. Monitoring contents:

a) Compliance with reporting regulations by the agency assigned to prepare investment, project owner, investment-deciding person and project user;

c) Progress of program execution: progress of implementation of the capital investment and disbursement plan; difficulties affecting the program execution, and results of resolution;

d) Operation of the project; primary difficulties affecting project operation and results of resolution;

dd) Implementation of measures by the project owner, investment-deciding person and project user;

e) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Compliance with regulations on investment supervision and evaluation;

b) Project execution management by the investment-deciding person, project owner and project management board;

c) The project’s progress;

d) Project operation by the project user;

dd) Implementation of measures for resolving discovered issues by the agency assigned to prepare investment, investment-deciding person, project owner, project management board and project user.

Article 54. Contents of supervision by specialized state management agencies

Based on the assigned functions, tasks and management fields, specialized state management agencies shall supervise public investment projects in accordance with specialized laws.

Article 55. Evaluation of public investment projects

1. Evaluation shall be carried out as follows:

a) National important project and Group A projects must undergo an initial evaluation, mid-term or phase-based evaluation, final evaluation and impact evaluation;

b) Group B and Group C projects must undergo final evaluation and impact evaluation;

c) In addition to the regulations prescribed at Point a and Point b of this Clause, the investment-deciding persons and public investment agencies shall decide other types of evaluation prescribed in Clause 4 Article 3 of this Decree in case of necessity.

2. Responsibility to carry out project evaluations:

a) The project owner shall carry out the initial evaluation, mid-term or phase-based evaluation and final evaluation;

b) The investment-deciding person shall carry out irregular evaluation and impact evaluation.

The investment-deciding person may delegate the project user or a specialized agency to carry out the impact evaluation of the project;

c) Public investment agencies shall carry out various types of planned and irregular evaluations of projects within the ambit of management.

3. Contents of evaluation of public investment projects shall comply with Article 73 of the Law on Public Investment.

4. Evaluation of investment efficiency of the public investment project:

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) 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.

 

Section 3. SUPERVISION AND EVALUATION OF PPP PROJECTS

 

Article 56. Responsibility for project supervision

1. Agencies signing PPP contracts and investor shall monitor and inspect the investment process of projects according to the approved contents and project contract.

2. Persons competent to approve the project and competent agencies shall monitor and inspect projects within the ambit of management. Inspection shall be carried out as follows:

a) Every approved project shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objective or scale of the project is changed or the total investment is increased.

3. The PPP investment agency and specialized state management agency shall monitor and inspect the project within the ambit of management.

4. The PPP investment agency, specialized state management agency, competent agency and person competent to approve projects shall decide to organize planned and ad hoc inspections.

Article 57. Contents of supervision by the investor, project enterprise and agency signing PPP contract

1. The investor and project enterprise shall monitor and inspect the execution of the project contract and make a report on the following issues:

a) Execution of the project contract by timeline;

b) Execution of the investment project: progress; amount and value of finished works; work quality;

c) Raising of the investment capital for project execution (state capital, equity and loans);

d) Actual revenue of the project; value of the increased revenue (if any) shared by the project enterprise with the State; value of the reduced revenue (if any) which the State has paid or is expected to pay to the project enterprise;

dd) Difficulties arising in the course of execution of the project and results of resolution;

e) Proposed plans for resolving difficulties and issues beyond the competence.

2. The agency signing the PPP contract shall monitor, inspect and make a report on the following issues:

a) Selection of the investor; negotiation and signature of the project contract;

b) Performance of the tasks in Clause 1 of this Article;

c) Forecasting of costs for the State during the next 03- or 05-year period from the reporting year;

d) Difficulties arising in the course of execution of the project contract and results of resolution;

dd) Proposed plans for resolving difficulties and issues beyond the competence.

Article 58. Contents of the competent agency and person competent to approve a project

1. Monitoring and inspection of the selection of the investor and signature of the project contract.

2. Monitoring and inspection of the execution of the project contract.

Article 59. Contents of supervision by the PPP investment agency

1. Monitoring and inspection of the project announcement.

2. Selection of investors, negotiation and signature of the project contract.

3. Execution of the project contract.

4. Inspection of the compliance with regulations on investment management by the parties while performing the project contract.

5. Monitoring and inspection of other contents prescribed in Articles 86 and 87 of the Law on Investment in the Form of Public-Private Partnership.

Article 60. Contents of supervision by specialized state management agencies

Based on the assigned functions, tasks and management fields, specialized state management agencies shall monitor and inspect PPP projects in accordance with specialized laws.

Article 61. Evaluation of PPP projects

1. Project evaluation shall be carried out as follows:

a) Projects with investment policies decided by the National Assembly and the Prime Minister must undergo a mid-term or phase-based evaluation, final evaluation and impact evaluation;

b) Projects subject to decision on their investment policy by Ministers, heads of central government agencies and other agencies in accordance with the law on PPP must undergo a final evaluation and impact evaluation;

c) In addition to the regulations prescribed at Point a and Point b of this Clause, competent agencies, persons competent to approve projects and PPP investment agencies shall decide other types of evaluation prescribed in Clause 4 Article 3 of this Decree in case of necessity.

2. Responsibility to carry out project evaluations:

a) Agencies signing PPP project contracts shall carry out mid-term or phase-based evaluation and final evaluation;

b) Persons competent to approve projects shall carry out irregular evaluation and impact evaluation;

c) PPP investment agencies shall carry out various types of planned and irregular evaluations of projects within the ambit of management.

3. Contents of evaluation of PPP projects shall comply with Article 73 of the Law on Public Investment.

 

Section 4. INVESTMENT SUPERVISION AND EVALUATION PROJECTS USING STATE CAPITAL OTHER THAN PUBLIC INVESTMENT FUNDS

 

Article 62. Responsibility for project supervision

1. Investors shall monitor and inspect the investment process of their projects according to the approved contents and criteria approved in the investment decisions.

2. Investment-deciding persons shall monitor and inspect projects within the ambit of management. Inspection shall be carried out as follows:

a) Group B or higher-level projects shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objective or scale of the project is changed or total investment is increased.

3. State ownership representative agencies, agencies competent to decide use state capital for investment, investment agencies and specialized state management agencies shall monitor and inspect projects within the ambit of management.

4. Investment agencies, specialized state management agencies, managing agencies, state ownership representative agencies and agencies competent to decide to use state capital for investment shall decide to organize planned or ad hoc inspections of projects.

Article 63. Contents of supervision by investors

Every investor shall monitor and inspect the entire process of execution of their own project and make a report on the following issues:

1. Execution of the project: progress; amount and value of finished works; work quality; fluctuation during the project execution.

2. Implementation of the capital investment plan: raising capital for the project (state capital, equity, loans); disbursement (advance, advance withdrawal and payment); financial statement after completion of the project; outstanding debts accruing from capital construction activities (if any) and settlement;

3. Project operation: investment results, information about employment, payment to state budget, investment in research and development, financial status of the enterprise, and other professional indicators depending on the business lines.

4. Satisfaction of regulations on environmental protection, use of land and natural resources as prescribed.

5. Implementation of the regulations provided in the written approval for investment policy, investment registration certificate (if any) and decision on investment in the project.

6. Fulfillment of business investment conditions (if the business lines of the project are subject to certain conditions).

7. Investment incentives (if any).

8. Difficulties arising in the course of operation of the project and results of resolution.

Article 64. Contents of supervision by investment-deciding persons

1. Monitoring contents:

a) Compliance with reporting regulations by investors;

b) Execution of the project: progress; implementation of the capital investment plan; disbursement, financial statement after completion of the project; outstanding debts accruing from capital construction activities (if any) and settlement; difficulties affecting the project execution and results of resolution;

c) Operation of the project; primary difficulties affecting project operation and results of resolution;

d) Compliance with regulations on environmental protection, use of land and natural resources as prescribed;

dd) Performance of other tasks prescribed in decisions on investment in projects;

e) Implementation of measures by investors;

g) Proposed plans for resolving difficulties and issues beyond the competence as prescribed.

2. Inspection contents:

a) Compliance with regulations on investment supervision and evaluation; bidding; compensation for land clearance and relocation; use of capital and other resources; distribution of capital, disbursement, payment, statement of investment capital; settlement of difficulties arising in the course of project execution; acceptance and inauguration of the project; management and operation of the project; environmental protection, use of land and natural resources (if any);

b) Project management;

c) Projects’ progress;

d) Management and operation of projects;

dd) Implementation of measures for resolving discovered issues.

Article 65. Contents of supervision by state ownership representative agencies and agencies competent to decide to use state capital for investment

1. State ownership representative agencies shall monitor the execution of projects and inspect the compliance with the law on execution of investment projects by investors.

2. Competent agencies competent to decide to use state capital for investment shall monitor the execution of projects and inspect the compliance with the law on use of state capital for of investment projects by investors.

Article 66. Contents of supervision by investment registration agencies and investment agencies

1. Monitoring contents:

a) Compliance with reporting regulations by investors;

b) Project execution.

c) Project operation;

d) Compliance with regulations on environmental protection, use of land and natural resources as prescribed;

dd) Performance of other tasks prescribed in decisions on investment in projects.

2. Inspection contents:

a) Implementation of the regulations provided in the written approval for investment policy and investment registration certificate (if any);

b) Projects’ progress;

c) Satisfaction of conditions for investment, incentives, investment assistance and investors’ compliance with their commitments (if any);

d) Compliance with regulations on investment supervision and evaluation and statistical reporting as prescribed;

dd) Implementation of measures for resolving discovered issues.

Article 67. Contents of supervision by specialized state management agencies

Based on the assigned functions, tasks and management fields, specialized state management agencies shall supervise investment projects using state capital other than public investment funds as follows:

1. Monitoring contents:

a) Compliance with reporting regulations by investors in accordance with specialized laws;

b) Compliance with regulations on environmental protection, use of land and natural resources as prescribed;

c) Implementation of measures by investors.

2. Inspection contents:

a) Conformity of investment projects with sectoral planning, urban planning and land use planning;

b) Compliance with regulations on environmental protection, technology, use of land and natural resources (if any);

c) Compensation, land clearance and land appropriation;

d) Application of and compliance with specialized laws by projects.

Article 68. Evaluation of projects using state capital other than public investment funds

1. Project evaluation shall be carried out as follows:

a) National important project and Group A projects must undergo a mid-term or phase-based evaluation, final evaluation and impact evaluation;

b) Group B projects must undergo final evaluation and impact evaluation;

c) In addition to the regulations prescribed at Point a and Point b of this Clause, the investment-deciding persons, state ownership representative agencies and investment agencies shall decide other types of evaluation prescribed in Clause 4 Article 3 of this Decree in case of necessity.

2. Responsibility to carry out project evaluations:

a) Investors shall carry out the mid-term or phase-based evaluation and final evaluation;

b) Investment-deciding persons shall carry out irregular evaluation and impact evaluation;

c) Investment agencies and state ownership representative agencies shall carry out various types of planned and irregular evaluations of projects within the ambit of management.

3. Contents of evaluation of projects shall comply with Article 73 of the Law on Public Investment.

 

Section 5. SUPERVISION AND EVALUATION OF PROJECTS USING OTHER CAPITAL SOURCES

 

Article 69. Responsibility for project supervision

1. Investors and economic institutions shall monitor and inspect their own projects.

2. Investment registration agencies shall monitor and inspect projects within the ambit of management. Each project shall undergo at least one inspection.

3. Investment agencies and specialized state management agencies shall monitor and inspect projects within the ambit of management.

4. Investment agencies, specialized state management agencies, investment registration agencies shall decide to organize planned or ad hoc inspections of projects.

Article 70. Contents of supervision by investors

Each investor and business organization shall monitor and inspect their own projects and make a report on the following issues:

1. Progress of the project and achievement of its objectives.

2. Progress of contribution of capital, charter capital, and legal capital (if required).

3. Project operation: investment results, information about employment, payment to state budget, investment in research and development, financial status of the enterprise, and other professional indicators depending on the business lines.

4. Compliance with regulations on environmental protection, use of land and natural resources as prescribed.

5. Implementation of the regulations provided in the decision on or written approval for investment policy and investment registration certificate (if any).

6. Fulfillment of business investment conditions (if the business lines of the project are subject to certain conditions).

7. Investment incentives (if any).

Article 71. Contents of supervision by investment registration agencies

1. Monitoring contents:

a) Compliance with reporting regulations by investors;

b) Project execution;

c) Project operation;

d) Compliance with regulations on environmental protection, use of land and natural resources;

dd) Implementation of measures by investors and economic institutions;

e) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Implementation of the regulations provided in the decision on or written approval for investment policy and investment registration certificate (if any).

b) Progress of projects, including investment progress which consists of loan capital and achievement of objectives of projects;

c) Satisfaction of conditions for investment, incentives, investment assistance and investors’ compliance with their commitments (if any);

d) Compliance with regulations on investment supervision and evaluation and statistical reporting as prescribed;

dd) Implementation of measures for resolving discovered issues.

Article 72. Contents of supervision by investment agencies

1. Monitoring contents:

a) Compliance with reporting regulations by investment registration agencies;

b) Implementation of measures by investment registration agencies;

c) The contents specified in Clause 1 Article 71 of this Decree.

2. Inspection contents:

a) Conformity of investment projects with relevant planning in accordance with the planning law;

b) Issuance, adjustment and revocation of investment registration certificates by investment registration agencies as prescribed by law;

c) Regulations on incentives for investment projects;

d) Supervision, evaluation of investment and investment assistance after issuance of investment registration certificates;

dd) Consolidation of reports on execution of investment projects;

e) The contents specified in Clause 2 Article 71 of this Decree.

Article 73. Contents of supervision by specialized state management agencies

Based on the assigned functions, tasks and management fields, specialized state management agencies shall supervise investment projects using other capital sources as prescribed in Article 67 of this Decree.

Article 74. Evaluation of projects using other capital sources

1. Responsibility to carry out project evaluations:

a) Investors and economic institutions shall carry out final evaluations of projects subject to approval for their investment policy;

b) Investment registration agencies and investment agencies shall carry out irregular evaluations and impact evaluations in case of necessity.

2. Contents of a final evaluation:

a) Achievement of objectives, mobilized resources, punctuality, and benefits of the project;

b) Proposals and recommendations.

3. Contents of an impact evaluation:

a) Operation of the project;

b) Socio-economic effects of the project;

c) Proposals and recommendations.

4. Contents of an irregular evaluation:

a) Conformity of the project execution result with investment objectives;

b) Completeness of works in comparison with those in the decision on or written approval for investment policy and investment registration certificate (if any);

c) Unexpected difficulties (if any) and causes;

d) Impact of unexpected difficulties to the project execution and ability to achieve objectives of the project;

dd) Proposals and recommendations.

 

Section 6. SUPERVISION AND EVALUATION OF OFFSHORE INVESTMENT PROJECTS

 

Article 75. Responsibility to supervise offshore investment projects

1. Investors, investment-deciding persons and state ownership representative agencies shall monitor and inspect the project execution according to the contents and criteria approved in the investment decisions.

2. Investment agencies and specialized state management agencies shall monitor and inspect projects within the ambit of management.

Article 76. Contents of supervision by investors

An investor shall monitor and inspect their own projects and make a report on the following issues:

1. Performance of procedures for making offshore investment.

2. Project execution: progress of the project and achievement of its objectives, capital raising and transfer of capital abroad, raising and use of state capital (if any) for offshore investment.

3. Project operation: investment results, financial status of the economic institution established overseas to execute the project; retention of profit for reinvestment, retention of profit for investment in new projects, transfer of profits to Vietnam; fulfillment of financial obligations to Vietnam; employment of Vietnamese workers.

4. Implementation of the Certificate of registration of offshore investment.

5. Fulfillment of conditions for offshore investment with regard to offshore investment projects in the fields of banking, insurance, securities, press, radio, television and real estate trading.

Article 77. Contents of supervision of offshore investment projects using state capital by investment-deciding persons and state ownership representative agencies

1. Monitoring contents:

a) Compliance with reporting regulations by investors;

b) Project execution: progress of the project and achievement of its objectives, progress of transferring investment capital abroad; management, use, preservation and development of state capital as prescribed;

c) Investment results, financial status of the business organization established overseas to execute the project; transfer of profit to Vietnam;

d) Implementation of measures by investors;

dd) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Projects’ progress;

b) Compliance with the law on use of state capital for offshore investment;

c) Implementation of the Certificate of registration of offshore investment;

d) Compliance with the law on: transfer of capital abroad, sending Vietnamese workers abroad, transfer of profit to Vietnam, supervision and evaluation of offshore investment projects.

dd) Implementation of measures for resolving discovered issues.

Article 78. Contents of supervision by investment agencies

1. Monitoring contents:

a) Compliance with reporting regulations by investors;

b) Project execution: progress of the project and achievement of its objectives, progress of transferring investment capital abroad;

c) Consolidation of results of offshore investment;

d) Implementation of measures by investors;

dd) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

b) Projects’ progress;

b) Implementation of the decision or written approval for investment policy, certificate of registration of offshore investment and other the law on offshore investment;

c) Implementation of measures for resolving discovered issues.

Article 79. Contents of supervision by specialized state management agencies

Based on the assigned functions, tasks and management fields, specialized state management agencies shall supervise offshore investment projects as follows:

1. Monitoring contents:

a) Execution of projects within the ambit of management: progress of projects and achievement of their objectives, progress of transferring capital abroad, raising and use of state capital for offshore investment (if any);

b) Developments of offshore investment activities within the ambit of management;

c) Fulfillment of conditions for offshore investment with regard to offshore investment projects in the fields of banking, insurance, securities, press, radio, television and real estate trading;

d) Implementation of measures by investors;

dd) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Compliance with the law on: transfer of capital abroad, use of state capital for offshore investment, sending Vietnamese workers abroad, transfer of profit to Vietnam and other the law on offshore investment;

b) Implementation of measures for resolving discovered issues.

Article 80. Evaluation of offshore investment projects

1. Responsibility to carry out project evaluations:

a) Investors shall carry out final evaluations;

b) State ownership representative agencies, investment-deciding persons, specialized state management agencies and investment agencies shall carry out irregular evaluations and impact evaluations in case of necessity.

2. Contents of a final evaluation:

a) Evaluation of result of project execution compared to the Certificate of registration of offshore investment: achievement of the project objectives; mobilized resources; project execution progress; economic effects of the project;

b) Proposals and recommendations.

3. Contents of an irregular evaluation:

a) Conformity of the project execution result with investment objectives;

b) Completeness of works in comparison with those in the Certificate of registration of offshore investment;

c) Unexpected difficulties (if any) and causes;

d) Impact of unexpected difficulties to the project execution and ability to achieve objectives of the project;

dd) Proposals and recommendations.

 

Chapter VII

OVERALL INVESTMENT SUPERVISION AND EVALUATION

 

Article 81. Responsibility for overall investment supervision and evaluation

1. Investment agencies shall carry out overall evaluation, monitoring and inspection of investment within the scope of their management.

2. Specialized state management agencies shall carry out overall evaluation, monitoring and inspection of investment within the scope of their management.

3. Investment registration agencies shall carry out overall evaluation, monitoring and inspection of investment within the scope of their management.

4. State enterprises shall carry out overall evaluation, monitoring, and inspection of their own investment.

Article 82. Contents of overall investment monitoring

1. Issuance of documents on guidance for policies and law on investment.

2. Formulation, appraisal, approval and management of planning.

3. Formulation, appraisal and approval of investment policy.

4. Implementation of public investment plans as prescribed in Article 69 of the Law on Public Investment.

5. Formulation, appraisal, approval and execution of PPP projects.

6. Formulation, appraisal, approval and execution of investment projects using state capital other than public investment funds.

7. Management of investment projects using other sources of capital:

a) Attraction of investment, implementation of procedures for approving investment policy, issuance of investment registration certificates, management of execution of investment projects of foreign investors and foreign-invested economic institutions;

b) Implementation of procedures for approving investment policies and management of execution of investment projects using domestic private capital.

8. Investment supervision and evaluation.

Article 83. Contents of overall investment examination

1. Implementation of documents providing guidance for policies and law on investment.

2. Progress of and compliance with regulations on formulation, appraisal, approval and management of planning.

3. Progress of and compliance with regulations on formulation, appraisal and approval of investment policy.

4. Implementation of public investment plans as prescribed in Article 69 of the Law on Public Investment.

5. Progress of and compliance with regulations on formulation, appraisal, approval and execution of PPP projects.

6. Progress of and compliance with regulations on formulation, appraisal, approval and execution of investment projects using state capital other than public investment funds.

7. Progress of and compliance with regulations on management of projects using other sources of capital.

8. Investment supervision and evaluation.

Article 84. Contents of overall investment evaluation

1. Consolidation, analysis and evaluation of investment results of the economy in terms of scale, speed, structure, progress of and efficiency in investment.

2. Evaluation of completion of tasks in comparison with those in the approved planning or planning task or with those completed in the previous period.

3. Evaluation of public investment plans as prescribed in Article 70 of the Law on Public Investment.

4. Overall evaluation of investment management.

5. Determination of factors and causes that affect the developments and results of investment; proposal for solutions for improving efficiency in investment in the current or next period.

 

Chapter VIII

COMMUNITY-BASED INVESTMENT MONITORING

 

Article 85. The right to supervise investment of the public

1. Every citizen has the right to supervise investment projects through Public Investment Supervision Board; procedures for community-based investment monitoring shall comply with Article 75 of the Law on Public Investment and this Decree.

2. The Public Investment Supervision Board may:

a) Request competent agencies to provide information about national planning, regional planning, provincial planning, urban planning, rural planning and other relevant planning prescribed by the planning law and land use plans prescribed by the law on land;

b) Request relevant agencies to provide information about the issues within the ambit of management as prescribed by law;

c) Request program owners and project owners to provide information serving investment supervision: investment decision, information about the project owners and project management boards, address; investment progress and plan; land area used; detailed site plan and architectural plan; plan for land clearance, compensation and relocation; plan for waste treatment and environmental protection.

For programs or projects having contributions of the public, projects using commune budget or direct sponsorship for communes, in addition to the aforesaid contents, the program owner or project owner also has the responsibility to provide additional information about the procedures, technical regulations, types and norms of supplies; result of acceptance and financial statements of the program or project;

d) Competent agencies, program owners and project owners shall provide the documents prescribed at Point a, Point b and Point c of this Clause to Public Investment Supervision Board.

3. Suspension of investment or operation of a project shall be proposed to a competent agency in the following cases:

a) It is suspected that violations are committed during the execution of the project which seriously affect manufacture, security, cultural – social life, and living environment of the community.

b) The project owner fails to publish information about the program or project as prescribed by law.

4. Results of community-based investment monitoring and handling measures shall be submitted to competent agencies.

Article 86. Contents of community-based investment monitoring

1. Contents of community-based investment monitoring programs or projects using state capital, and PPP projects:

a) Monitoring and inspection of conformity of the decision on investment policy and investment decision with planning and investment plans within communes as prescribed by law;

b) Monitoring and inspecting the project owner’s Compliance with regulations on: land boundaries and land use; detailed site plan, architectural and construction plan; waste treatment and environmental protection; compensation, land clearance, compensation and relocation plan; investment plan and progress;

c) Execution and progress of programs and projects;

d) Discovery of acts infringing upon public interests; negative impacts of projects to the living environment of the community during the investment stage or operation of projects;

dd) Discovery of act of wastefulness causing loss of capital and property of projects;

e) Transparency during the investment process.

2. Contents of community-based investment monitoring in projects using other sources of capital shall comply with Point a, Point b, Point c, Point d and Point e Clause 1 of this Article.

3. Contents of community-based investment monitoring in programs or projects having contributions of the public, projects using commune budget or direct sponsorship for communes:

a) The contents specified in Clause 1 of this Article;

b) Monitoring, inspection of compliance with technical regulations and processes, norms and categories of supplies; monitoring and inspection of acceptance result and financial statement of projects.

Article 87. Organization of community-based investment monitoring

1. Vietnamese Fatherland Front Committees at commune level shall:

a) Assume the responsible for establishing a Public Investment Supervision Board for each program or project. The Board consists of at least 05 people, including representatives of Vietnamese Fatherland Front Committee at commune level, inspectors, and representatives of the local community;

b) Formulate a plan for community-based investment monitoring in local programs and projects; notify the program owners, project owners and management board of the plan and composition of the Public Investment Supervision Board at least 45 days before commencement;

c) Instruct Public Investment Supervision Board to formulate an investment supervision program or plan as prescribed by law and this Decree; assist the Public Investment Supervision Board in communication, making and sending investment supervision reports;

d) Instruct and encourage the community to exercise their right to supervise investment as prescribed by this Decree;

dd) Verify feedback and complaints of Public Investment Supervision Board before notifying competent agencies.

2. Chairpersons of commune-level People’s Committee shall, based on the local conditions, provide a place for Public Investment Supervision Board to hold meetings and store documents serving community-based investment monitoring; enable it to use communication devices of commune-level People’s Committee for the purpose of community-based investment monitoring.

3. Public Investment Supervision Board shall:

a) Carry out investment supervision in accordance with the formulated program or plan; receive and send feedback from the people to competent agencies as prescribed by this Decree; receive and provide responses of competent agencies to the people;

b) Submit regular or irregular reports on result of community-based investment monitoring to Vietnamese Fatherland Front Committee at commune-level.

 

Chapter IX

COSTS OF INVESTMENT SUPERVISION AND EVALUATION

 

Article 88. Costs of and fundings for investment supervision and evaluation

1. Investment supervision and evaluation costs are the costs necessary for agencies, organizations and individuals to supervise and assess investment as prescribed by this Decree.

2. Fundings for investment supervision and evaluation:

a) The investment supervision and evaluation costs carried out by competent agencies shall be covered by their budgets and regular funding sources for investment supervision and evaluation according to their annual plans;

b) The investment supervision and evaluation costs carried out by program owners, project owners and agencies signing PPP project contracts or organizations hired by such agencies shall be included in the total investment of the programs or projects;

c) The investment supervision and evaluation costs carried out by project users shall be included in the costs of project operation;

d) The costs of community-based investment monitoring covered by the state budget according to annual plans of Vietnamese Fatherland Front Committees at commune level shall be covered by the communes.

3. Maximum costs of investment supervision and evaluation:

a) The cost of investment supervision carried out by a program owner, project owner or agency signing the PPP project contract is 10% of the program or project management cost;

b) The cost of investment evaluation is expressed in percentage of the cost of management of a program or project in accordance with applicable regulations as follows: cost of initial evaluation: 2%; cost of mid-term or phase-based evaluation: 2%; cost of final evaluation: 3%; cost of irregular evaluation: 3%.

If the maximum cost is inappropriate or the program or project is on a large scale or it is necessary to hire a foreign consultant or domestic-foreign joint venture, a cost estimate shall be made to determine the cost.

4. The agencies, organizations, and individuals assigned to carry out investment supervision and evaluation in this Decree shall use the state budget or other fundings for intended purposes and in an economical and efficient manner according to applicable regulations on financial management of the State and this Decree.

Article 89. Specific investment supervision and evaluation costs

1. Costs of monitoring investment programs or projects:

a) Expenses for stationery, supplies and equipment directly serving the monitoring of investment programs or projects;

b) Costs of communication directly serving the monitoring of investment programs or projects;

c) Cost of photocopying, typing, sending documents and reports;

d) Administrative costs of meetings and conventions;

dd) Costs of making regular reports;

e) Costs of provision of training;

g) Cost of making and updating reports on investment supervision and evaluation, and operating the investment supervision and evaluation information system.

2. Costs of inspection of investment programs or projects:

a) Expenses for stationery, supplies and equipment directly serving the inspection of investment programs or projects;

b) Costs of communication directly serving the inspection of investment programs or projects;

c) Cost of photocopying, typing, sending documents and reports;

d) Administrative costs of meetings and conventions;

dd) Travel costs (including luggage charges); allowance for accommodations during business trips;

e) Costs of making inspection result reports.

3. Costs of evaluation of investment programs or projects:

a) Expenses for stationery, supplies and equipment directly serving the evaluation of investment programs or projects;

b) Costs of communication directly serving the evaluation of investment programs or projects;

c) Cost of photocopying, typing, sending documents and reports;

d) Administrative costs of meetings and conventions;

dd) Travel costs (including luggage charges); allowance for accommodations during business trips;

e) Costs of making evaluation result reports.

g) Costs of hiring experts and consultants.

4. Costs of overall investment supervision and evaluation:

a) Expenses for stationery, supplies and equipment directly serving the overall investment supervision and evaluation;

b) Costs of communication directly serving the overall investment supervision and evaluation;

c) Cost of photocopying, typing, sending documents and reports;

d) Administrative costs of meetings and conventions;

dd) Travel costs (including luggage charges); allowance for accommodations during business trips;

e) Costs of making reports on overall investment examination results;

g) Costs of making reports on overall investment supervision and evaluation results;

h) Costs of hiring experts and consultants.

5. The costs of operating the investment supervision and evaluation information system shall comply with Article 101 of this Decree.

6. Costs of community-based investment monitoring:

a) Costs of stationery and communication serving community-based investment monitoring;

b) Cost of photocopying, typing, sending documents and reports on community-based investment monitoring;

c) Administrative costs of meetings and conventions about community-based investment monitoring;

d) Costs of provision of training courses on community-based investment monitoring;

dd) Liability payment for members of Public Investment Supervision Boards.

Article 90. Management and use of funding for investment supervision and evaluation

1. Funding for investment supervision and evaluation by owners of public investment programs and owners of public investment projects shall comply with regulations on cost management of investment programs or projects.

2. Management and use of funding for investment supervision and evaluation by investment-deciding persons, investors in projects using state capital other than public investment funds and state management agencies competent to conclude and execute PPP contracts shall comply with Clause 1 of this Article.

3. Funding for investment supervision and evaluation by investors in projects using other sources of capital: investors shall manage and use the funding for investment supervision and evaluation on a case-by-case basis.

4. Management and use of funding for investment supervision and evaluation by competent agencies.

a) Agencies in charge of investment supervision and evaluation shall make annual plans and estimates of investment supervision and evaluation costs. The cost estimate shall be made according to the plan for investment supervision and evaluation, the specific costs mentioned in Article 89 of this Decree, and the limits prescribed by applicable regulations;

b) Funding for investment supervision and evaluation shall comply with regulations on management and use of sources of administrative and regular funding of competent agencies or the Law on the State Budget;

c) In case an agency hires a consultancy to assess the program or project, the cost management in which case is the same as management of cost of consultancy services. Advance and payment for hiring a consultancy to assess the program or project shall comply with current regulations on management of payments for investment and construction consultancy.

5. Management and use of funding for community-based investment monitoring

a) Funding for community-based investment monitoring in a commune is included in the cost estimate of Vietnamese Fatherland Front Committee of the commune, which is covered by the commune budget. The minimum funding for community-based investment monitoring is VND 10 million per year and varies according to the plan for community-based investment monitoring made by the People’s Council of the commune.

The estimation, provision and statement of funding shall be done by Public Investment Supervision Board according to regulations on management of commune budget and other financial activities of the commune;

b) Funding for propagation, provision of training courses, guidance and review of community-based investment monitoring of each district and province shall be included in the cost estimate of Vietnamese Fatherland Front Committee of the district/province and covered by the budget of the district/province.

6. The estimation and management of funding for investment supervision and evaluation shall comply with applicable regulations.

 

Chapter X

ORGANIZATION OF INVESTMENT SUPERVISION AND EVALUATION

 

Article 91. Responsibilities of the Ministry of Planning and Investment in investment supervision and evaluation

The Ministry of Planning and Investment, which is in charge of assisting the Prime Minister in organizing investment supervision and evaluation, shall:

1. Provide guidance, monitor and submit consolidated reports on nationwide investment supervision and evaluation to the Prime Minister.

2. Organize overall investment supervision and evaluation nationwide.

3. Organize and review supervision and evaluation of programs and projects of which investment policy are decided or approved by the Prime Minister, the Government or the National Assembly.

4. Carry out supervision and evaluation of projects within the ambit of management (including those assigned to inferior agencies).

5. Propose solutions for overcoming difficulties in investment of departments and local agencies or particular projects to the Prime Minister, relevant ministries and local agencies in order to ensure investment progress and efficiency.

6. Consider and offer opinions or resolve issues within the competence at the request of other ministries, local agencies and project owners.

7. Provide guidance for investment supervision and evaluation of foreign investment activities in Vietnam.

8. Perform other duties related to investment supervision and evaluation at the request of the Government or the Prime Minister.

Article 92. Responsibilities of other Ministries, ministerial-level agencies and Government-attached agencies in investment supervision and evaluation

1. To organize overall investment supervision and evaluation in the fields and sectors within the ambit of management.

2. To carry out supervision and evaluation of projects within their competence to make decisions (including those assigned to inferior agencies).

3. To carry out investment supervision and evaluation projects of State enterprises within the ambit of management.

4. To organize supervision and evaluation of PPP projects within the ambit of management.

5. To carry out specialized supervision and evaluation of fulfillment of investment conditions by the investment projects within the ambit of management.

6. To organize and review supervision and evaluation of programs and projects of which investment policy are decided or approved by the Prime Minister, the Government or the National Assembly in the fields within the ambit of management.

7. To resolve the issues reported by other ministries and local agencies if they are within the competence.

8. To offer opinions or resolve issues within the jurisdiction of ministries and departments at the request of other ministries, local agencies, investors and project owners.

9. To submit reports on overall investment supervision and evaluation in the fields and sectors within the ambit of management and reports on investment supervision and evaluation projects subject to their decision according to regulations.

10. To sufficiently, promptly and accurately update information on the investment supervision and evaluation information system as prescribed in Article 101 of this Decree.

Article 93. Responsibilities of provincial-level People’s Committees for investment supervision and evaluation

1. To organize overall investment supervision and evaluation within localities.

2. To carry out supervision and evaluation of projects within their competence to make decisions (including those assigned to inferior agencies).

3. To carry out investment supervision and evaluation projects of State enterprises within the ambit of management.

4. To carry out supervision and evaluation of projects of which investment registration certificates are issued by them.

5. To organize supervision and evaluation of PPP projects within localities.

6. To supervise the implementation of planning and plans for land use plan and environmental of projects in their provinces; offer opinions or promptly resolve issues related to land clearance and land use within the competence at the request of ministries and project owners.

7. To propose investment issues in their provinces related to the projects within the ambit of management to the Prime Minister, ministries and departments in order to promptly resolve difficulties and ensure investment progress and efficiency.

8. To submit reports on overall investment supervision and evaluation within localities and reports on investment supervision and evaluation projects subject to their decision according to regulations.

9. To sufficiently, promptly and accurately update information on the investment supervision and evaluation information system as prescribed in Article 101 of this Decree.

Article 94. Responsibilities of investment registration agencies for investment supervision and evaluation

1. To organize overall investment supervision and evaluation and investment supervision and evaluation projects within their management.

2. To submit reports on overall investment supervision and evaluation and reports on investment supervision and evaluation projects within the ambit of management.

3. To sufficiently, promptly and accurately update information on the investment supervision and evaluation information system as prescribed in Article 101 of this Decree.

Article 95. Responsibilities of State enterprises for investment supervision and evaluation

1. To organize overall investment supervision and evaluation within the enterprises.

2. To organize supervision and evaluation of PPP projects they decide or within the ambit of management.

3. To submit reports on overall investment supervision and evaluation and reports on investment supervision and evaluation projects within the ambit of management according to regulations.

4. To promptly and accurately update information on the investment supervision and evaluation information system as prescribed in Article 101 of this Decree.

Article 96. Responsibilities of program owners, project owners, project users and investors for investment supervision and evaluation programs and projects

1. Owners of public investment programs, owners and project users of public investment projects, investors in and owners of investment projects using state capital other than public investment funds and investors in PPP projects shall:

a) Carry out supervision and evaluation of programs and projects in accordance with this Decree;

b) Formulate a framework for project supervision and evaluation before commencement of the project;

c) Establish an internal communication system; collect and store sufficient information, data, documents of the project; reports of contractors, changes to state policies and laws, regulations of sponsors related to management of execution of projects (if using ODA);

d) Promptly report difficulties beyond the competence to superior agencies;

dd) Make reports on supervision and evaluation of projects as prescribed;

e) Sufficiently, promptly and accurately update information on the investment supervision and evaluation information system as prescribed in Article 101 of this Decree.

g) Take responsibility for contents reported and take legal responsibility for failure to report or provide accurate information about investment within the ambit of management.

2. Investors in projects using other sources of capital shall:

a) Carry out supervision and evaluation of projects in accordance with this Decree;

b) Establish an internal communication system; collect and store sufficient information, data and documents of the project; reports of contractors related to management of project execution;

c) Promptly report difficulties beyond the competence to the agencies;

d) Make reports on supervision and evaluation of projects as prescribed;

dd) Sufficiently, promptly and accurately update the reports on the investment supervision and evaluation information system as prescribed in Article 101 of this Decree;

e) Take responsibility for contents reported and take legal responsibility for failure to report or provide accurate information about investment within the ambit of management.

Article 97. Organization of investment supervision and evaluation

1. Each ministry shall appoint an affiliated unit (Department level) to take charge of its investment supervision and evaluation tasks; provide guidance on investment supervision and evaluation for other affiliated units and projects assigned to inferior agencies.

2. The Provincial-level Department of Planning and Investment shall take charge of investment supervision and evaluation tasks within the province or city, provide guidance on investment supervision and evaluation for affiliated units and projects assigned by the Provincial-level People’s Committee to inferior agencies.

3. Every State enterprise shall appoint a department to take charge of investment supervision and evaluation tasks of the enterprise, provide guidance on investment supervision and evaluation for affiliated units.

4. Every program owner, project owner and project user shall assign the project management board or a department to take charge of investment supervision and evaluation tasks of the projects within the ambit of management.

5. Every investor shall appoint the project management company or a department to take charge of investment supervision and evaluation tasks of the projects within the ambit of management.

6. Investment supervision and evaluation in case an agency takes the roles of two or more of the following entities: public investment agency, investment agency, specialized state management agency, managing agency, state ownership representative agency, investment registration agency, investment-deciding person, agency signing PPP contracts, program owner, project owner and project user:

a) The unit in charge shall perform all investment supervision and evaluation tasks of the agency. Supervision and evaluation tasks of the program owner, project owner or project user shall be performed by the representative unit of the program owner, project owner or project user;

b) Contents of investment supervision and evaluation shall integrate the supervision and evaluation contents of assigned entities.

7. The units specified in Clause 1 through 6 of this Article shall carry out investment supervision and evaluation in the following manner:

a) Internal supervision and evaluation of the investment program or project and overall investment supervision and evaluation;

b) Hiring experts or a consultancy to carry out evaluation of the program or project and overall investment evaluation.

8. The hiring of experts or a consultancy to carry out evaluation of the program or project and overall investment evaluation shall comply with regulations of Bidding Law.

Article 98. Duties and powers of agencies and units in charge of investment supervision and evaluation

1. The agencies and units assigned to carry out investment supervision and evaluation shall assist ministries, People’s Committees at all levels, enterprises, and investors in investment supervision and evaluation as follows:

a) Develop plans for monitoring, inspecting and assessing investment and organize investment monitoring, inspection and evaluation within the assigned duties;

b) Assign departments and officials responsible for monitoring, inspecting and assessing investment and overall monitoring, inspection and evaluation of investment;

c) Organize a system for provision and storage of information about investment within the ministry, local agency, enterprise or projects (for project owners) within the ambit of management;

d) Collect reports and relevant information in service of the investment monitoring, inspection and evaluation;

dd) Consider, analyze information and reports; make and submit reports on investment supervision and evaluation according to regulations to competent agencies.

2. Agencies and units in charge of investment supervision and evaluation may:

a) Request other agencies and units in charge of investment supervision and evaluation to report according to regulations, provide information and documents about the contents of investment supervision and evaluation in case of necessity;

b) Discuss through telephone or on the site with other agencies and units in charge of supervision and evaluation, investors and project owners to clarify the issues related to the monitoring, supervision and evaluation.  When working on the site, it is required to have a specific working plan and relevant agencies and units must be informed in advance;

c) Request competent agencies to adjust the project if necessary, cancel the investment decision, suspend or terminate the execution of the project if serious violations are found during the process of investment supervision and evaluation. Report violations against regulations on investment supervision and evaluation committed by investors, project owners, relevant agencies and units to competent agencies and propose appropriate punitive measures.

3. Agencies and units in charge of investment supervision and evaluation shall provide training to ensure the capacity for performing tasks and exercise entitlements at the agencies and units.

Article 99. Method and procedures for investment supervision and evaluation

1. The monitoring of investment programs and projects and overall investment monitoring shall be carried out by the following methods:

a) Regular monitoring on the site;

b) Monitoring through periodic and irregular reports;

c) Monitoring through both reports and on-site monitoring.

2. The program owner, project owner and investor shall regularly monitor the progress of the program or project and is responsible for the promptness and accuracy of the reports.

3. The investment-deciding person and competent agencies shall monitor the programs and projects and carry out overall investment monitoring by consolidating, analyzing and assessing reports made by the program owner, project owner, investor, relevant agencies and units.

A monitoring team responsible for working on the site may be established to clarify relevant information in case of necessity.

4. Inspection, evaluation of investment programs and projects and overall investment examination and evaluation shall be carried out by the following methods:

a) Through reports;

b) Through inspectorates and assessing delegations.

5. Procedures for monitoring an investment program or project:

a) Formulate and adjust the framework for supervision and evaluation of the program or project;

b) Determine demand for information and indicators to be monitored;

c) Make a monitoring plan;

d) Establish a mechanism for assisting the monitoring tasks;

dd) Prepare the tools and IT system to assist the monitoring of the program or project;

e) Collect and analyze data;

g) Report monitoring results according to regulations.

6. Procedures for inspecting an investment program or project:

a) Develop and submit the inspection plan;

b) Establish an inspectorate (if any);

c) Send notification on the inspection plan and request preparation of documents serving the inspection. The minimum time limit for document preparation is 20 days from the date of receiving the request;

d) Carry out the inspection. The maximum duration of an on-site inspection by an inspectorate is 20 days;

dd) Report the inspection result. The inspection result shall be reported within 20 days;

e) Send notification on the inspection result and conclude the inspection. The maximum duration is 10 days from the date of receiving the inspectorate’s report.

7. Procedures for assessing an investment program or project:

a) Develop and submit the evaluation plan;

b) Establish an assessing delegation (if any);

c) Send notification on the evaluation plan and request preparation of documents serving the evaluation;

d) Briefly describe the nature of the assessed program or project (make and adjust the evaluation framework);

dd) Prepare a detailed evaluation plan;

e) Collect and analyze data;

g) Report the evaluation result;

h) Send notification on the evaluation result.

8. Procedures for overall investment monitoring:

a) Determine demand for information and indicators to be monitored;

b) Make a monitoring plan;

c) Establish a mechanism for assisting the monitoring tasks;

d) Prepare the tools and IT system to assist the overall investment monitoring;

dd) Collect and analyze data;

e) Report the monitoring result according to regulations.

9. Procedures for overall investment examination:

a) Develop and submit the inspection plan;

b) Establish an inspectorate (if any);

c) Send notification on the inspection plan and request preparation of documents serving the inspection. The minimum time limit for document preparation is 30 days from the date of receiving the request;

d) Carry out the inspection. The maximum duration of an on-site inspection by an inspectorate is 30 days;

dd) Report the inspection result. The inspection result shall be reported within 30 days;

e) Send notification on the inspection result and conclude the inspection. The maximum duration is 10 days from the date of receiving the inspectorate’s report.

10. Procedures for overall investment evaluation:

a) Determine the objectives, scope and content of evaluation;

b) Make and submit the evaluation plan;

c) Establish an assessing delegation (if any);

d) Send notification on the evaluation plan and request preparation of documents serving the evaluation;

dd) Collect and analyze data;

e) Report the evaluation result;

g) Send notification on the evaluation result.

Article 100. Reporting of investment supervision and evaluation

1. The Ministry of Planning and Investment shall submit annual reports on overall investment supervision and evaluation to the Prime Minister, including overall supervision and evaluation reports, evaluation of national important project and class A projects nationwide.

2. Ministries, local agencies and state corporations shall make and submit the following reports to the Ministry of Planning and Investment:

b) Annual reports on overall supervision and evaluation;

b) Annual reports on overall supervision and evaluation of offshore investment.

3. Investment registration agencies shall make and send annual reports on investment supervision and evaluation to provincial-level People’s Committees.

4. Program owners, and owners of public investment programs and projects shall make and send the following reports to the investment-deciding persons, managing agencies, and units in charge of investment supervision and evaluation:

a) Regular supervision and evaluation reports: 6-month report and annual report;

b) Supervision and evaluation reports prior to adjustment of the program or project;

c) Supervision and evaluation reports prior to completion of the program or project;

dd) Report on evaluation of the program or project they execute;

d) Consolidated annual reports on supervision and evaluation of the program or project they execute.

5. Project users of public investment projects shall make and submit the following reports to the investment-deciding persons and agencies in charge of investment supervision and evaluation:

a) Annual reports on supervision and evaluation of the project’s operation from the time the project is put into operation to the availability of the report on evaluation of the project’s impact;

b) Report on evaluation of the project’s impact.

6. Investors of projects using state capital other than public investment funds shall make and send the following reports to managing agencies, investment-deciding persons, and agencies in charge of investment supervision and evaluation:

a) Regular supervision and evaluation reports: 6-month report and annual report;

b) Supervision and evaluation reports prior to adjustment of the project;

c) Report on evaluation of the project they execute;

d) Consolidated annual reports on supervision and evaluation of the program or project they execute.

7. Investors executing PPP projects shall make and send the following reports to agencies signing project contracts and PPP investment agencies:

a) Regular supervision and evaluation reports: 6-month report and annual report;

b) Supervision and evaluation reports prior to adjustment of the project;

c) Report on evaluation of the project they execute;

8. Investors of projects using other sources of capital shall make and send the following reports to investment registration agencies and agencies in charge of investment supervision and evaluation of the localities where such projects are executed:

a) Regular supervision and evaluation reports: 6-month report and annual report;

b) Supervision and evaluation reports prior to adjustment of the project;

c) Final report (if any);

9. Investors of offshore investment projects shall make and send the following reports to the Ministry of Planning and Investment, the State Bank of Vietnam, the Ministry of Finance, state ownership representative agencies, People’s Committees of provinces and Departments of Planning and Investment of provinces where their head offices are located and Vietnam’s representative agencies in the countries that receive investment:

a) Regular supervision and evaluation reports: 6-month report and annual report;

b) Supervision and evaluation reports prior to adjustment of the project (if the adjustment of the project results in adjustment of the investment registration certificate);

c) Final report.

10. Reports on community-based investment monitoring:

a) Public Investment Supervision Boards shall submit quarterly reports on community-based investment monitoring in local programs and projects to Vietnamese Fatherland Front Committees at commune level. Public Investment Supervision Boards shall report the violations or submit other proposals to Vietnamese Fatherland Front Committees at commune level during the process of supervision;

b) Vietnamese Fatherland Front Committees at commune level shall submit annual reports on result of community-based investment monitoring to People’s Councils and People’s Committees of communes, and Vietnamese Fatherland Front Committees of districts and provinces;

c) Vietnamese Fatherland Front Committee of each province shall make and send annual reports on result of community-based investment monitoring in the province to the Department of Planning and Investment, the People’s Council and the People’s Committee of the same province.

11. Deadline for reporting investment supervision and evaluation:

a) Every program owner, project owner and investor shall submit:

- A 6-month report before July 10 of the reporting year;

- An annual report before February 10 of the following year;

- A report before adjusting the program or project.

b) Every investment registration agency shall submit an annual report before February 20 of the following year.

c) Every ministry, local agency and State enterprise shall submit an annual report on overall supervision and evaluation before March 01 of the following year.

d) Deadlines for submitting reports on community-based investment monitoring:

- Public Investment Supervision Boards shall submit reports before the 10th of the first month of the next quarter;

- Vietnamese Fatherland Front Committees at commune level shall submit annual reports before February 10 of the following year;

- Vietnamese Fatherland Front Committees at provincial level shall submit annual reports before February 20 of the following year.

dd) The Ministry of Planning and Investment shall submit consolidated reports on investment supervision and evaluation to the Prime Minister before March 31 of the following year.

12. Report contents shall comply with regulations in Chapters VI, VII and VIII of this Decree.

13. The Ministry of Planning and Investment shall provide templates of reports on investment supervision and evaluation.

Article 101. Investment supervision and evaluation information system

1. “Investment supervision and evaluation information system” (System) means a system implemented nationwide and managed by the Ministry of Planning and Investment to update and store information, supervise, assess, analyze and disclose information according to regulations on investment programs and projects nationwide.

2. General use regulations:

a) The monitoring, investment supervision and evaluation projects shall be carried out on the System; reports on the System will replace physical reports;

b) Regarding annual reports on overall nationwide investment supervision and evaluation, the Ministry of Planning and Investment shall only aggregate data reported by agencies on the System;

c) The report data shall be updated sufficiently, accurately and timely. Organizations and individuals shall take responsibility for the accuracy of data reported and updated by them on the System.

d) Organizations and individuals using the System shall use the Government’s specialized digital signatures for signature and submission of reports on the System;

dd) Forms serving the reporting of investment supervision and evaluation shall be digitalized on the System and such forms shall be published on the national investment supervision and evaluation information portal;

e) Regulations provided in this Article shall not apply to projects subject to the state secret requirement.

3. Regulations on accounts used for logging in the System:

a) Accounts must be managed in a concentrated manner on the System developed by the Ministry of Planning and Investment.

b) Organizations and individuals participating in or involved in public investment, management and use of public investment funds shall may log in for access to the system. The Ministry of Planning and Investment shall grant accounts based on registration information, and functions or duties of organizations and individuals joining the System.

c) Application for registration for use of accounts to have access to the System shall be submitted online on the system at the website address https://taikhoan.mpi.gov.vn. Information must be updated to grant permission for registration of use of accounts shall include:

- Information of the authorized individual account user: full name, idorganization card/citizen idorganization card number; mobile number; email;

- Information about the institutional account user: Name of the institution; information about the institution’s head: full name, idorganization card/citizen idorganization card number, mobile number, email; photocopy of the decision on establishment of the institution.

d) Main accounts of Ministries, central and local government agencies shall be used for verifying account information of project state management agencies, owners and management boards under their control.

dd) Users must change their first passwords within 01 day of successful registration of their accounts. They shall be prohibited from disclosing their passwords to any person unauthorized for access to or input of updated information on the System. In case of changing the account user, the account recipient must change their password and information about the person authorized to manage and use the account on the System.

4. Regulations on information updating and reporting by investors, owners and owners of component projects:

a) When a program or a project is approved for investment: update information about the program and project in accordance with the decision on investment policy and decision on investment on the System within 07 business days from the approval date of such decision.

b) During project execution:

The following information must be updated at least 07 business days after any adjustment:

- Approval of project adjustment;

- Approval and adjustment of the technical design or shop drawing design and cost estimate;

- Approval and adjustment of the contractor selection plan and result;

- Contract, adjustments to the contract;

- Appropriated capital plan;

- Acceptance value, disbursement value;

- Information about evaluation and inspection;

- Reports on project supervision and evaluation.

Information shall be updated on a monthly basis (as the case may be):

- Images or videos about current construction on the site for projects with a construction constituent.

Documents shall be enclosed with scanned copies or e-documents bearing specialized digital signature on the System, including:

- Decision on/Approval for investment policy, Decision on adjustment of investment policy (if any);

- Decision on investment/Adjusted decision on investment (if any);

- Decision on approval for technical designs or shop drawing designs, cost estimate; Decision on adjustment of technical designs or shop drawing designs, cost estimate (if any);

- Decision on approval for contractor selection plan, Decision on approval for adjustment of contractor selection plan (if any);

- Report on evaluation result;

- Report on inspection result.

c) Information shall be updated on a monthly basis:

- Current execution and disbursement of investment capital;

- Images or videos about current construction on the site for projects with a construction constituent.

d) On a quarterly basis, consolidate information on the System and make reports on investment supervision and evaluation by project owners and owners of component projects and submit them to competent agencies through the System.

dd) Submit annual consolidated annual reports on investment supervision and evaluation programs and projects within the ambit of management through the System.

e) When a program or a project is ended: update information about the cost statement in accordance with the decision on approval for the statement within 07 business days from the approval date.

5. Regulations on reporting by state management agencies:

a) Implement, urge and instruct project owners and owners of component projects within the ambit of management to update information on the System as prescribed in Clause 4 of this Article,

b) Submit annual reports on overall supervision and evaluation on the System.

6. Costs of making and updating reports and operating the System:

a) The costs of making and updating reports and operating the System shall be included in the total investment of a project and in the costs of investment supervision and evaluation of the project, and vary according to established norms.

b) The Ministry of Finance shall provide guidance on making estimates and managing funding for making and updating reports and operating the System.

7. Regulations on building and implementation of the System:

a) The Ministry of Planning and Investment shall build and manage operation of the System nationwide in terms of investment supervision and evaluation;

b) Ministries, local agencies and State enterprises shall implement the System at the ministries, local agencies and State enterprises.

8. Regulation on integration and sharing of data:

a) The State Treasury has the following responsibility:

- Share and integrate report data and report the disbursement by each investment project for use as a basis for reporting the implementation of the public investment plan by agencies on the System;

- The sharing, integration and reporting on the System will replace physical documents.

b) The Ministry of Planning and Investment shall integrate and share data between systems to ensure the consistency of information and data between the investment supervision and evaluation information system and the systems: public investment information system, investment information system and national bidding network system.

Article 102. Processing results of investment supervision and evaluation

1. Ministries and local agencies must examine and resolve issues and complaints of investment supervision and evaluation agencies, program owners, project owners, project users and investors within 15 days from the date of receiving the request if such issues are within their competence, and report the issues that beyond the competence.

2. When adjusting a program or project, the competent agency must consider the result of inspection and evaluation of the program or project as prescribed in this Decree. If the project is subject to inspection and evaluation before the adjustment, the competent agency is only allowed to adjust the investment policy, investment program or project or investment registration certificate after inspecting and assessing the program or project as prescribed in this Decree.

3. Results of investment supervision and evaluation are the basis for competent agencies to select investors in the next years.

4. Results of final evaluation of a project are the basis for competent agencies to approve cost statement.

5. Results of evaluation of impacts of programs and projects are the basis for competent agencies to consider deciding investment in similar programs and projects.

Article 103. Actions against violations in terms of investment supervision and evaluation

1. Any organization that attempts to conceal violations or commits other violations shall, on a case by case basis, incur disciplinary or administrative penalties or criminal prosecution, and pay compensation for any damage caused.

2. Penalties for administrative violations in terms of investment supervision and evaluation shall comply with the law on penalties for administrative violations against regulations on planning and investment.

3. If investors of public investment programs and projects and projects using state capital other than public investment funds fail to comply with regulations on reporting, the head of the agency/unit in charge of the program or project, head of the project management board, and officials assigned to carry out investment supervision and evaluation must take the following actions:

a) Reprimand if reports are not submitted for 2 consecutive periods or for 3 intermittent periods;

b) Warning if reports are not submitted for 3 consecutive periods or for 4 intermittent periods.

4. In case of violations against regulations on reporting, capital shall only be disbursed after penalties are imposed as prescribed in Clause 2 and Clause 3 of this Article and reports shall be submitted completely.

5. Actions against violations against regulations on investment management during the process of investment supervision and evaluation:

a) The agencies carrying out investment supervision and evaluation shall promptly report violations committed by entities within the ambit of management to competent agencies;

b) Any agency that attempts to conceal the violations shall be jointly responsible for the violations and consequences.

6. On an annual basis, according to summary reports and proposals of investment supervision and evaluation agencies, ministries and local agencies shall consider imposing the following penalties upon program owners, project owners and investors that commit violations against regulations on investment supervision and evaluation:

a) Reprimand, warning;

b) Replacement of the program owner or project owner;

c) Refusal to appoint them as owners of other projects.

7. On an annual basis, the Ministry of Planning and Investment shall:

a) Propose penalties upon ministries and local agencies that fail to submit reports on overall investment supervision and evaluation or fail to submit them on schedule, or the reports submitted are not satisfactory;

b) Submit a report on actions against violations against regulations on investment supervision and evaluation to the Prime Minister.

 

Chapter XI

IMPLEMENTATION PROVISIONS

 

Article 104. Transitional provisions in respect of projects which are under execution, or are faced with issues related to criteria of national important project

1. Projects under execution mean projects of which decisions on investment have been granted or those of which certificates of registration of investment have been granted.

2. Regarding projects which are under execution but meet criteria of a national important project under Article 7 of the Law on Public Investment, Article 12 of the Law on Investment in the Form of Public-Private Partnership and Article 30 of the Law on Investment, the following instructions shall be followed:

a) Execution of these projects shall be continued; investors and project owners shall send review reports to the person making investment decisions or the investment registration agency;

b) The person vested with agency to grant an investment decision or the investment registration agency shall report to the Prime Minister for his review and direction of reporting to the National Assembly at its year-end meeting on the process of execution of such projects;

c) Management of the projects stated in this Clause shall be consistent with regulations provided in decisions on investment, certificates of investment registration which have been issued; decisions on investment or certificates of investment registration (if any) which had been previously adjusted, and relevant laws.

3. Regarding projects under execution which are subject to any change and of which changes fall under criteria of national important project under Article 7 of the Law on Public Investment and Article 12 of the Law on Investment in the Form of Public-Private Partnership, follow the instructions below:

a) Execution of these projects shall be continued according to the contents approved by competent agencies (without resulting in any change); project owners and investors shall send reports on any issues that fall under criteria of national important project to the person making investment decisions;

b) Procedures for adjusting investment policy of projects and projects shall be consistent with applicable regulations at the time of adjustment as same as those applied to projects or groups of projects existing prior to adjustments;

c) The person making investment decisions shall report to the Prime Minister for his review and direction of reporting to the National Assembly at its year-end meeting on the process of execution of such projects, including the issues that fall under criteria of national important project;

d) Management of projects prescribed in this Clause shall be consistent with the law on national important project.

4. The reporting of execution of national important project as prescribed in Clauses 2 and 3 of this Clause and Clause 8 Article 79 of the Law on Public Investment shall comply with the form in the Appendix to this Decree.

Article 105. Transitional provisions on investment supervision and evaluation

1. Regular reports on investment supervision and evaluation of 2020 shall continue to be made as prescribed in the Government’s Decree No. 84/2015/ND-CP and Decree No. 01/2020/ND-CP.

2. Regarding programs and projects whose investment supervision and evaluation costs have been determined or approved by a competent agency as prescribed in the Government’s Decree No. 84/2015/ND-CP and Decree No. 01/2020/ND-CP, they shall continue to be executed or the investment supervision and evaluation costs shall be re-determined as prescribed in this Decree.

Article 106. Effect

1. This Decree takes from the date of its signing.

2. From the effective date of this Decree, previously-issued regulations in contravention of those prescribed in this Decree and the following regulations cease to be effective:

a) The Government’s Decree No. 131/2015/ND-CP dated December 25, 2015;

b) The Government’s Decree No. 02/2020/ND-CP dated January 01, 2020;

c) The Government’s Decree No. 84/2015/ND-CP dated September 30, 2015;

d) The Government’s Decree No. 01/2020/ND-CP dated January 01, 2020;

Article 107. Responsibility for implementation

1. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, Chairpersons of People’s Committees of provinces and centrally run cities, heads of political organizations, socio-political organizations and socio-political-professional organizations, and relevant organizations and individuals shall implement this Decree.

2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with relevant ministries in, providing guidance for the implementation of this Decree.

 

 

 

APPENDIX I

APPRAISAL PLAN FORM
(Attached to the Government’s Decree No. 29/2021/ND-CP dated March 26, 2021)

 

APPRAISAL PLAN

 

I. TASKS AND CONTENT OF APPRAISAL

1. Tasks of appraisal:

Appraising the prefeasibility study report [Name of the project] (hereinafter referred to as the project) to report to the Government for consideration and submission to the National Assembly for decision or approval of investment policy.

Or: Organization the appraisal of the prefeasibility study report [Name of the project] (hereinafter referred to as the project) to report to the Prime Minister for consideration and decision on investment.

2. The legal bases for appraisal

Laws, Decrees, Circulars and other relevant documents of competent authorities.

3. The content of project appraisal: Depending on the type of funding source and forms of investment, the content of project appraisal shall comply with this Decree.

In which, each task and expected assignment of tasks, forms of reviewing and assessing tasks for members of the State Appraisal Council/the interdisciplinary appraisal expert team shall be specified.

II. APPRAISAL ORGANIZATION

1. Proposing to establish the interdisciplinary appraisal expert team.

(Clearly defining the composition and content of tasks for the Interdisciplinary appraisal expert team).

2. Proposing to hire the verification consultants (if any).

(Anticipating the number of experts needed to perform the verification task associated with each content in the appraisal report; identifying specific tasks of experts; estimating necessary costs and having cost estimate attached)

III. THE DURATION AND WORK PROGRAM OF THE COUNCIL

1. The work program of the Council

2. The plan establishing the interdisciplinary appraisal expert team.

3. The plan selecting the verification consultants (if any).

IV. WORKING CONDITIONS

1. Working site and means.

2. Project verification and appraisal costs (with attached cost estimates).

3. Other working conditions.