Decree No. 01/2020/ND-CP amending the Decree No. 84/2015/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 84/2015/ND-CP of September 30, 2015, on investment monitoring and evaluation^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the June 18, 2014 Construction Law;

Pursuant to the November 26, 2014 Law on Investment;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 84/2015/ND-CP of September 30, 2015, on investment monitoring and evaluation.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 84/2015/ND-CP of September 30, 2015, on investment monitoring and evaluation

1. To amend Clause 8, Article 3 as follows:

“8. Investment registration agency.”

2. To amend Clause 3, Article 11 as follows:

“3. Contents of program evaluation must comply with Article 73 of the Law on Public Investment.”

3. To add the following Clause 4 to Article 11:

“4. Evaluation of the efficiency of public investment programs:

a/ Methods of evaluation of the efficiency of a public investment program: comparison and collation (between results/data collected at the time of evaluation and objectives/plans set out; or comparison and collation between the program’s parameters at the time of evaluation and standard indicators; or combination of these methods). 

b/ Criteria for evaluation of the efficiency of a public investment program: conformity of the program with national and local socio-economic objectives, demands of beneficiaries, and development policies of donors (if any); extent of achievement of the program’s objectives set under the approved investment decision; practical indicators of exploitation and operation of the program compared to the approved indicators; socio-economic and environmental impacts and other specific development objectives (hunger eradication and poverty reduction, gender equality, policy-benefiting households, and priority entities, etc.); and measures to minimize adverse social and environmental impacts.”

4. To amend Clause 3, Article 18 as follows:

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

5. To add the following Clause 4 to Article 18:

“4. Evaluation of the efficiency of public investment projects:

a/ Methods of evaluation of the efficiency of a public investment project: Depending on the scale and nature of the project, comparison and collation (between results/data collected at the time of evaluation and objectives/plans set out, or comparison and collation between the project’s parameters at the time of evaluation and standard indicators, or combination of these methods); or cost-benefit analysis shall be applied;  

b/ Criteria for evaluation the efficiency of a public investment project: extent of achievement of the project’s objectives set under the approved investment decision; practical indicators of exploitation and operation of the project compared to the approved indicators; economic internal rate of return (EIRR); socio-economic and environmental impacts and other specific development objectives (hunger eradication and poverty reduction, gender equality, policy-benefiting households, and priority entities); and measures to minimize adverse social and environmental impacts.”

6. To amend Clause 3, Article 25 as follows:

“3. Contents of project evaluation must comply with Article 73 of the Law on Public Investment.”

7. To amend Clause 3, Article 26 as follows:

“3. The person competent to approve feasibility study reports shall monitor and examine projects under his/her management. Examination shall be conducted:

a/ At least once, for projects with feasibility study reports approved by himself/herself;

b/ Upon adjustment of a project which consequently changes the investment place, objectives or scale, or increases the total investment of the project.”

8. To amend Clauses 4 and 6, Article 26 as follows:

“4. The state management agency in charge of public investment and the specialized state management agency shall monitor and examine projects under their management.

6. The agency or person competent to decide on investment policy, the state management agency in charge of public investment, the specialized state management agency and the person competent to decide on investment shall decide on scheduled or unscheduled examination of projects.”

9. To amend Clause 1, Article 27 as follows:

“1. The agency assigned to make a prefeasibility study report of a project shall itself monitor and examine the entire process of making this report, and report on the following contents:

a/ Making of the project’s prefeasibility study report;

b/ Submission for appraisal of, and decision on, the project investment policy;

c/ Difficulties and problems arising in the process of making the prefeasibility study report and the remediation thereof according to its competence;

d/ Proposed plans to remediate difficulties and problems and deal with matters falling beyond its competence.”

10. To amend Point a, Clause 2, Article 28 as follows:

“a/ Investor selection; project contract negotiation and signing;”

11. To amend the title of Article 29 as follows:

“Article 29. Contents of monitoring by persons competent to approve feasibility study reports”

12. To amend Clause 1, Article 29 as follows:

“1. To monitor and examine investor selection and project contract signing.”

13. To amend the title of Article 30 as follows:

“Article 30. Contents of monitoring by the state management agency in charge of investment”

14. To amend Point c, Clause 1, Article 32 as follows:

“c/ In addition to the provisions at Points a and b of this Clause, the person competent to approve feasibility study reports and the state management agency in charge of public investment may, when necessary, decide on other evaluations prescribed in Clause 4, Article 2 of this Decree.”

15. To amend Point b, Clause 2, Article 32 as follows:

“b/ The person competent to approve feasibility study reports shall organize unscheduled evaluation and impact evaluation;”

16. To amend Clause 3, Article 32 as follows:

“3. Contents of evaluation of public-private partnership investment projects must comply with Article 73 of the Law on Public Investment.”

17. To amend Point a, Clause 2, Article 36 as follows:

“a/ Conformity of investment projects with related master plans in accordance with the planning law;”

18. To amend Clause 4, Article 46 as follows:

“4. Implementation of public investment plans under Article 69 of the Law on Public Investment.”

19. To amend Clause 4, Article 47 as follows:

“4. Implementation of public investment plans under Article 69 of the Law on Public Investment.”

20. To amend Clause 3, Article 48 as follows:

“3. Evaluation of public investment plans under Article 70 of the Law on Public Investment.”

21. To amend Clause 1, Article 49 As follows:

“1. Citizens have the right to monitor investment projects through community-based investment monitoring boards; the order, procedures and process for community-based investment monitoring must comply with Article 75 of the Law on Public Investment, and this Decree.”

22. To amend Point a, Clause 2, Article 49 as follows:

“a/ To request competent state management agencies to provide information on national-level master plans, regional master plans, provincial master plans, master plans of urban areas, master plans of rural areas and other related master plans in accordance with the planning law, and land use plans in accordance with the land law.”

23. To amend Point a, Clause 1, Article 50 as follows:

“a/ Monitoring and examining the consistency of investment policy decisions or investment decisions with master plans and investment plans in the communes in accordance with law.”

24. To add the following Clause 3 to Article 66:

“3. Agencies and units conducting investment monitoring and evaluation shall provide training or further training in capacity building to ensure the performance of assigned tasks and exercise of assigned powers in their agencies and units.”

25. To amend Clause 1, Article 68 as follows:

“1. The Ministry of Planning and Investment shall summarize and report to the Prime Minister on annual overall investment monitoring and evaluation, including overall monitoring and evaluation of projects of national importance and group-A projects nationwide.”

26. To amend Point a, Clause 2, Article 68 as follows:

“a/ Annual reports on overall investment monitoring and evaluation;”

27. To amend Clause 3, Article 68 as follows:

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

28. To add the following Point g to Clause 6, Article 68:

“g/ Report on summarization of annual monitoring and evaluation of investment programs and projects under their management.”

29. To amend and supplement Clause 8, Article 68 as follows:

“8. Owners of projects funded with state development investment credit, government-guaranteed credit, loans secured by state assets or land use rights value, capital from non-business operation development funds or development investment funds of state enterprises shall make and send to their managing agencies, persons competent to make investment decision and units acting as the focal points in investment monitoring and evaluation:

a/ Periodical monitoring and evaluation reports: first-quarter report, biannual report, third-quarter report and whole-year report;

b/ Reports on monitoring and evaluation prior to commencement of project construction;

c/ Reports on monitoring and evaluation prior to project adjustment;

d/ Reports on evaluation of investment projects the implementation of which is organized by themselves;

dd/ Report made prior to monitoring and evaluation upon project operation commencement (for group-C projects);

e/ For projects of national importance and group-A projects, their owners shall concurrently send to the Ministry of Planning and Investment biannual and annual monitoring and evaluation reports and the reports specified at Points b, c, d and dd of this Clause;

g/ Reports on summarization of annual monitoring and evaluation of investment programs and projects under their management.”

Article 2. Annulment

To annul Clause 1, Article 30 and Chapter IX of the Government’s Decree No. 84/2015/ND-CP of September 30, 2015, on investment monitoring and evaluation.

Article 3. Implementation provisions

1. This Decree takes effect on January 1, 2020.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of political organizations, socio-political organizations and socio-political-professional organizations, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC