Circular 22/2015/TT-BKHDT on prescribing forms of investment supervision and assessment reports

CIRCULAR

On prescribing forms of investment supervision and assessment reports

Pursuant to the Law on Public Investment dated June 18, 2014;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Decree No. 84/2015/ND-CP dated September 30, 2015 of the Government on investment supervision and assessment;

Pursuant to the Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government on functions, tasks, power and organizational structure of the Ministry of Planning and Investment;

The Ministry of Planning and Investment defines forms of investment supervision and assessment reports as follows:

Article 1. Scope of regulation and subjects of application

1. Scope of regulation: This Circular defines forms of investment supervision and assessment reports in accordance with the Government’s Decree No. 84/2015/ND-CP dated September 30, 2015 on investment supervision and assessment (except for offshore investment projects).

Report forms in this Circular are applicable to projects funded with official development assistance (ODA) and concessional loans of foreign donors; any differences due to particular use of these funding sources shall be handled in accordance with the law regulations on use of ODA and concessional loans of foreign donors.

2. This Circular applies to organizations and individuals involved in the preparation of investment supervision and assessment reports.

Article 2. Forms of investment supervision and assessment reports

1. Form of the overall investment supervision and evaluation reports on a biannual and annual basis:

Form No. 01: Overall investment supervision and evaluation report on a biannual and annual basis

2. Forms of state-funded investment project supervision and assessment reports, including:

a) Form No. 02: Supervision and assessment report prior to project commencement;

b) Form No. 03: Report on supervision and assessment of investment project implementation on quarterly, biannual or annual basis;

c) Form No. 04: Report on supervision and assessment upon investment project adjustment;

d) Form No. 05: Report on supervision and assessment of investment finalization;

dd) Form No. 06: Regular supervision and assessment report on biannual or annual basis in the operation period.

3. Forms of the reports on supervision and assessment of public-private partnership investment projects:

a) Form No. 07: Supervision and assessment report prior to project commencement;

b) Form No. 08: Report on supervision and assessment of investment project implementation on a quarterly, biannual or annual basis;

c) Report on supervision and assessment upon investment project adjustment (made according to Form No. 04: Report on supervision and assessment of modification to a state-funded investment project);

d) Form No. 09: Report on supervision and assessment of investment finalization (Pre-operation supervision and assessment report, for projects in category C);

dd) Form No. 10: Regular supervision and assessment report on biannual or annual basis in the operation period.

4.  Forms of the reports on supervision and assessment of investment projects that funded by other sources:

a) Form No. 11: Supervision and assessment report prior to project commencement (for projects not eligible for an investment registration certificate);

b) Form No. 12: Report on supervision and assessment of the investment project implementation on biannual or annual basis;

c) Form No. 13: Report of supervision and assessment of investment finalization (for projects not eligible for an investment registration certificate);

d) Form No. 14: Regular supervision and assessment report on biannual or annual basis in the operation period.

5. Forms of the reports on disbursement of public investment funds:

a) Form No. 15: Report on disbursement of public investment funds from a State Treasury of a province or centrally-run city on a quarterly, biannual or annual basis

b) Form No. 16: Report on disbursement of public investment funds from the Central State Treasury on quarterly, biannual or annual basis.

6. Forms of the community-based investment monitoring reports:

Form No. 17: Regular supervision report by a community investment monitoring board on biannual or annual basis.

7. For projects funded with various funding sources including state fund(s), use report forms and adhere to reporting regulations applicable to state-funded projects. For public-private partnership investment projects, use report forms specified in Clause 3 of this Article.

8. Words in italic format in the above-mentioned forms are hints for users to fill in the information.

Article 3. Organization of implementation

1. This Circular takes effect from the signing date.

2. This Circular replaces the Circular No. 13/2010/TT-BKHDT dated June 02, 2010 of the Ministry of Planning and Investment on forms of investment supervision and assessment reports.

3. Ministries, ministerial-level agencies, government-attached agencies, other  central agencies, People’s Committees at all levels and related organizations and individuals shall report any difficulty and problem arising in the course of implementation to the Ministry of Planning and Investment for timely consideration and adjustment./.

Form No. 12. Regular supervision and assessment report in the investment project implementation period for investment projects funded by other sources
 

REPORT ON SUPERVISION AND ASSESSMENT OF THE INVESTMENT IMPLEMENTATION

(6 months/year of …)

Name of the project: …………………………

To: ………………………………………………………..

I. PROJECT DESCRIPTION

Fill in with the contents defined in Part I of Form No. 12.

(The information is only provided in the initial reporting period after the commencement of the project or after a project adjustment which leads to changes of the project’s information).

II. PROJECT IMPLEMENTATION

1. Project progress and implementation of the project’s targets:

- Progress of project preparation:

- Progress of ground clearance (if any):

- Progress of infrastructural construction (if any):

- Progress of procurement, installation and test run of machinery and equipment (if any):

- Progress of implementation of investment items and phases (if any):

- Progress of production, trading and service provision:

- Progress of implementation of investment targets:

2. Progress of capital contribution, charter capital, legal capital (if any):

a) Progress of capital contribution:

b) Funding sources:

3. Compliance with relevant regulations:

- Use of land and natural resources:

- Compliance with requirements of environment protection and fire prevention:

- Satisfaction of business requirements for projects involved in conditional business lines:

- Compliance with regulations stated in decision(s) on the investment policy and in the investment registration certificate (if any).

4. Investment incentives (if any)

5. Difficulties related to the project implementation (if any).

III. PROPOSALS

Proposed measures against difficulties related to the project (if any) to competent agencies./.

Form No. 14. Regular supervision and assessment report in the operation period for investment projects funded by other sources
 

REPORT ON SUPERVISION AND ASSESSMENT IN THE OPERATION PERIOD

(6 months/year of …)

Name of the project: …………………………..

To: ………………………………………………….

I. PROJECT DESCRIPTION

Fill in with the contents defined in Part I of Form No. 12 in the initial reporting period after the operation of the project.

II. PROJECT OPERATION

1. Production and business:

- Employment (quantity and qualification of employees) at the time of reporting.

- Realization of benefits for employees (salary, insurance, allowance, social welfare, etc.).

- Payment of obligations toward the Budget (amounts paid in the reporting period, accumulated amounts until the time of reporting, amounts payable, reasons of deferral of payments).

- Profits (amounts attained in the reporting period, accumulated amounts until the time of reporting).

- Basic information on corporate finance (short-term debts, long-term debts, etc., analysis and comparison of such details with those of the reporting period immediately preceding this period).

2. Compliance with relevant regulations:

- Use of land and natural resources:

- Compliance with requirements of environment protection and fire prevention:

- Satisfaction of business requirements for projects involved in conditional business lines.

- Compliance to regulations as stated in decision(s) on the investment policy and in the investment registration certificate (if any).

3. Investment incentives (if any)

4. Difficulties of the project (if any)

III. PROPOSALS

Proposed measures against difficulties of the project (if any) to competent state agencies./.

* Other Appendices are not translated herein.