Decision 33/2023/QD-TTg procedures for assessment of quality of machinery of investment projects

DECISION

Providing dossiers, order and procedures for assessment of quality and value of machinery, equipment and technological lines of investment projects^[1]

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

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 19, 2017 Law on Technology Transfer; 

Pursuant to the Government’s Decree No. 31/2021 of March 26, 2021, detailing and guiding the implementation of a number of articles of the Law on Investment;

Pursuant to the Government’s Decree No. 76/2018 of May 15, 2018, detailing and guiding the implementation of a number of articles of the Law on Technology Transfer;

At the proposal of the Minister of Science and Technology;

The Prime Minister promulgates the Decision providing dossiers, order and procedures for assessment of quality and value of machinery, equipment and technological lines of investment projects.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation 

This Decision provides dossiers, order and procedures for assessment of quality and value of machinery, equipment and technological lines of investment projects specified at Point d, Clause 5, Article 28 of the Government’s Decree No. 31/2021/ND-CP of March 26, 2021, detailing and guiding the implementation of a number of articles of the Law on Investment (below referred to as Decree No. 31/2021/ND-CP).

Article 2. Subjects of application

This Decision applies to:

1. Assessment-requesting agencies and agencies competent to organize assessment of quality and value of machinery, equipment and technological lines of investment projects.

2. Designated assessment organizations, investors and related agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Assessment of quality and value of machinery, equipment and technological lines means review and evaluation of characteristics concerning quality and use value of machinery, equipment and technological lines of an investment project compared to their corresponding characteristics stated in the dossier of investment project registration, the machinery, equipment and technology line purchase and sale contract or the dossier of technology transfer contract registration approved by a competent agency.

2. Assessment-requesting agency means a state management agency in charge of investment or state management agency in charge of science and technology that has grounds to believe that an investor shows a sign of violation of regulations on technology application and transfer in the course of implementation of the investment project specified at Point b, Clause 3, Article 28 of Decree No. 31/2021/ND-CP.

3. Agency competent to organize assessment (below referred to as competent agency) is the Ministry of Science and Technology or a specialized agency in charge of science and technology under a provincial-level People’s Committee of the locality where the relevant project is to be implemented as specified at Point a or b, Clause 5, Article 28 of Decree No. 31/2021/ND-CP.

4. Designated assessment organization means an assessment organization designated by a competent state management agency to carry out the assessment of machinery, equipment and technological lines of investment projects in accordance with law.

Chapter II

DOSSIERS, ORDER AND PROCEDURES FOR ASSESSMENT OF QUALITY AND VALUE OF MACHINERY, EQUIPMENT AND TECHNOLOGY LINES OF INVESTMENT PROJECTS

Article 4. Dossiers, order and procedures for assessment of quality and value of machinery, equipment and technology lines of investment projects

1. An assessment-requesting agency shall send a written request for the assessment, made according to Form No. 01 provided in the Appendix to this Decision, together with documents proving signs of violations arising in the investment project, to the competent agency.

In case the competent agency is also the assessment-requesting agency, it shall directly consider and decide to organize the assessment, skipping the step of requesting the assessment.

2. Within 5 working days after receiving a written request for the assessment, the competent agency shall consider the grounds for carrying out the assessment and the necessity of the assessment.

If having insufficient grounds to carry out the assessment or deeming it not necessary to organize the assessment, the competent agency shall send a notice to the assessment-requesting agency, clearly stating the reason for not organizing the assessment.

If having sufficient grounds and deeming it necessary to organize the assessment, the competent agency shall send a written request, made according to Form No. 02 provided in the Appendix to this Decision, to the investor for the latter to report on, and provide dossiers and documents related to, the quality and value of machinery, equipment and technology lines of the project.

3. Within 15 days after receiving the request from the competent agency, the investor shall send 1 report, enclosed with certified copies (or copies bearing the investor’s certification as being true copies of the originals) of dossiers and documents related to the quality and value of machinery, equipment and technology lines of the investment project to the competent agency.

4. Within 30 days after receiving the investor’s report, dossiers and documents, the competent agency shall decide to form a Science and Technology Advisory Council under Article 5 of this Decision and hold a meeting of the Council to review and give opinions on the quality and value of machinery, equipment and technology lines of the investment project.

After the meeting of the Council, if there are insufficient grounds to give opinions on the quality and value of machinery, equipment and technology lines or there are divergent opinions, the Council shall consider and recommend the assessment to be carried out through a designated assessment organization and contents that need to be assessed.

​ 5. Within 30 days after receiving the Council’s recommendation on carrying out the assessment through a designated assessment organization, the competent agency shall organize the selection of the assessment organization and issue a written request for assessment and issuance of an assessment certificate, made according to Form No. 03 provided in the Appendix to this Decision, reach agreement and sign an assessment contract with the designated assessment organization. The content, time and funds for the assessment shall be specified in the assessment contract.

In case bidding is required to select an assessment organization, the competent agency shall organize the bidding according to the time, order and procedures specified in the bidding law.

6. Within 15 days after receiving the assessment certificate issued by the designated assessment organization, the competent agency shall hold a second meeting of the Science and Technology Advisory Council to give opinions on the quality and value of machinery, equipment and technology lines of the investment project.

7. Within 15 days after receiving the Science and Technology Advisory Council’s opinions on the quality and value of machinery, equipment and technology lines of the investment project, the competent agency shall consider the Council’s recommendations to make conclusions on the quality and value of machinery, equipment and technology lines of the investment project, and send them to the assessment-requesting agency and related agencies and units for implementation under regulations.

In case of necessary, the competent agency may also consult independent experts for making consideration and conclusion.

Article 5. Science and Technology Advisory Council

1. A Science and Technology Advisory Council shall advise the competent agency on the quality and value of machinery, equipment and technology lines of an investment project; and methods and contents of assessment in case it is necessary to organize assessment through a designated assessment organization at the request of the competent agency.

2. A Science and Technology Advisory Council shall be composed of:

a/ The Chairperson, Vice Chairperson and Secretary of the Council;

b/ Representatives of the competent agency and related state management agencies and experts with expertise appropriate to the field in which machinery, equipment and technological lines need to be assessed. The number of experts must not be less than one-third of the number of members of the Council;

c/ Representative of the specialized agency in charge of science and technology under the provincial-level People’s Committee of the locality where the project is to be implemented, in case the competent agency is the Ministry of Science and Technology.

3. A Science and Technology Advisory Council shall work on the principles of democracy, objectivity, honesty, and accountability before law and the agency that forms the Council for the content of advice and recommendations.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6. Responsibilities of designated assessment organizations

1. To carry out assessment of quality and value of machinery, equipment and technology lines of investment projects in accordance with this Decision and relevant legal documents.

2. To adhere to the principles of independence, objectivity and scientificity in assessment activities; to comply with regulations on assessment and take responsibility before law for the accuracy of assessment results.

3. To timely send certificates of assessment of quality and value of machinery, equipment and technological lines of investment projects, made according to Form No. 04 provided in the Appendix to this Decision, to the competent agency.

Article 7. Responsibilities of investors

1. To report and sufficiently and timely provide dossiers and documents related to quality and value of machinery, equipment and technology lines of investment projects when requested by the competent agency.

2. To coordinate with the competent agency in the course of organizing assessment of quality and value of machinery, equipment and technology lines of investment projects.

3. To fulfill requirements related to assessment activities of designated assessment organizations in the course of assessment of machinery, equipment and technological lines of investment projects.

Article 8. Responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall coordinate with the Ministry of Science and Technology in organizing the implementation of this Decision.

2. Provincial-level People’s Committees of localities where projects are to be implemented shall, within the ambit of their competence, direct their specialized agencies in charge of science and technology to organize assessment of quality and value of machinery, equipment and technological lines of investment projects under Point b, Clause 5, Article 28 of Decree No. 31/2021/ND-CP.

Article 9. Responsibilities of the Ministry of Science and Technology

1. To organize assessment of quality and value of machinery, equipment and technological lines of investment projects according to its competence specified at Point a, Clause 5, Article 28 of Decree No. 31/2021/ND-CP.

2. To guide localities to organize assessment of quality and value of machinery, equipment and technological lines of investment projects in accordance with this Decision.

Article 10. Implementation provisions

1. This Decision takes effect on February 15, 2024.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

  * The Appendix to this Decision is not translated.