Decree No. 02/2020/ND-CP amending the Decree No. 131/2015/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 131/2015/ND-CP of December 25, 2015, providing guidance on national important projects^[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 November 26, 2014 Law on Investment;

Pursuant to the November 26, 2013 Bidding Law;

Pursuant to the June 18, 2014 Construction Law;

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. 131/2015/ND-CP of December 25, 2015, providing guidance on national important projects.

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 131/2015/ND-CP of December 25, 2015, providing guidance on national important projects

1. To amend and supplement Clause 1, Article 3 as follows:

“1. National important projects are those specified in the Law on Public Investment and the 2014 Construction Law and projects with investment policies decided by the National Assembly under the 2014 Law on Investment, which are below referred to as national important projects.”

2. To amend and supplement the title of Section 1, Chapter IV, and the contents of Articles 13 thru 15, as follows:

“Section 1

DOSSIERS AND CONTENTS FOR APPRAISAL OF INVESTMENT POLICIES FOR NATIONAL IMPORTANT PROJECTS FINANCED WITH PUBLIC INVESTMENT FUNDS

Article 13.Dossiers submitted by project owners or attached units of agencies assigned to make investment preparations for appraisal

1. A dossier submitted for appraisal must comprise:

a/ A request for appraisal;

b/ A prefeasibility study report;

c/ Other relevant documents.

2. Project owners or attached units of agencies assigned to make investment preparations for appraisal (below collectively referred to as project owners) shall send 15 sets of project dossier prescribed in Clause 1 of this Article to their managing agencies or agencies assigned to make investment preparations to carry out the internal appraisal under Point b, Clause 1, Article 19 of the Law on Public Investment. The time limit for internal appraisal is 30 days after the receipt of a complete and valid dossier.

Article 14.Dossiers submitted by project owners’ managing agencies or agencies assigned to make investment preparations for appraisal

1. A dossier submitted by a project owner’s managing agency or an agency assigned to make investment preparations for appraisal (below collectively referred to as managing agency) must comprise:

a/ The managing agency’s request to the Prime Minister for appraisal;

b/ A prefeasibility study report (that has been completed on the basis of opinions given after the internal appraisal);

c/ An internal appraisal report prescribed at Point b, Clause 1, Article 19 of the Law on Public Investment;

d/ Other relevant documents.

2. The managing agency shall send 1 dossier prescribed in Clause 1 of this Article to the Prime Minister and, at the same time, send 20 sets of dossier to the Ministry of Planning and Investment.

3. Within 5 working days after receiving the project dossier, the Ministry of Planning and Investment shall report to the Prime Minister on the establishment of the State Appraisal Council under Article 4 of this Decree.

4. The State Appraisal Council shall appraise the investment policy of a national important project within 90 days after receiving a complete and valid dossier of such project.

Article 15.Dossiers submitted by the State Appraisal Council to the Government or submitted by the Government to the National Assembly

1.  A dossier submitted by the State Appraisal Council to the Government must comprise:

a/ The managing agency’s request (prepared by the managing agency after assimilating the State Appraisal Council’s opinions and completing the project dossier on the basis of such opinions) to the Government;

b/ A prefeasibility study report that has been completed on the basis of the opinions obtained from the State Appraisal Council;

c/ An appraisal report of the State Appraisal Council;

d/ Other relevant documents.

2. A dossier submitted by the Government to the National Assembly as prescribed in Article 20 of the Law on Public Investment must comprise:

a/ A request made by the Government;

b/ A prefeasibility study report that has been completed on the basis of the Government’s opinions;

c/ An appraisal report of the State Appraisal Council;

d/ Other relevant documents.”

3. To add the following Section 4a below Section 4, Chapter IV:

“Section 4a

DOSSIERS FOR, AND CONTENTS OF APPRAISAL OF ADJUSTMENT OF INVESTMENT POLICIES FOR NATIONAL IMPORTANT PROJECTS FINANCED WITH PUBLIC INVESTMENT FUNDS

Article 23a.Dossiers for appraisal of adjustment of investment policies submitted by project owners or attached units of agencies assigned to make investment preparations

1. A dossier for appraisal submitted by a project owner or an attached unit of the agency assigned to make investment preparations (below collectively referred to as project owner) must comprise:

a/ A request for appraisal;

b/ An adjusted prefeasibility study report or adjusted feasibility study report;

c/ A report on supervision and assessment of the investment project’s adjustment;

d/ Other relevant documents.

2. The project owner shall send 15 sets of dossier prescribed in Clause 1 of this Article to its/his/her managing agency or agency assigned to make investment preparations for carrying out internal appraisal under Point b, Clause 2, Article 34, and Point b, Clause 1, Article 19, of the Law on Public Investment. The time limit for internal appraisal is 30 days after the receipt of a complete and valid dossier.

3. The project owner shall complete the project dossier based on the appraisal contents, and prepare such dossier for submitting to the Prime Minister.

Article 23b.Dossiers for appraisal of adjustment of investment policies submitted project owners’ managing agencies and agencies assigned to make investment preparations

1. A dossier for appraisal submitted by a project owner’s managing agency or an agency assigned to make investment preparations (below collectively referred to as managing agency) must comprise:

a/ The managing agency’s request to the Government for appraisal;

b/ An adjusted prefeasibility study report or an adjusted feasibility study report (that has been completed on the basis of opinions given after the internal appraisal);

c/ An internal appraisal report prescribed in Clause 2, Article 23a of this Decree;

d/ A report on supervision and assessment of the investment project’s adjustment (prepared by the project owner);

dd/ Other relevant documents.

2. The managing agency shall send 1 dossier prescribed in Clause 1 of this Article to the Prime Minister and, at the same time, send 20 sets of dossier to the Minister of Planning and Investment.

3. Within 5 working days after receiving a project dossier, the Ministry of Planning and Investment shall report to the Prime Minister on the establishment of the State Appraisal Council under Article 4 of this Decree.

4. The State Appraisal Council shall appraise the adjustment of the investment policy for a national important project within 90 days after receiving a complete and valid dossier of such project.

Article 23c.Dossiers submitted by the State Appraisal Council to the Government or submitted by the Government to the National Assembly

1. A dossier submitted by the State Appraisal Council to the Government must comprise:

a/ A managing agency’s request to the Government (prepared by the managing agency after assimilating the State Appraisal Council’s opinions and completing the project dossier on the basis of such opinions);

b/ An adjusted prefeasibility study report or an adjusted feasibility study report that has been completed on the basis of the State Appraisal Council’s opinions;

c/ An appraisal report of the State Appraisal Council;

d/ The documents prescribed at Points c, d and dd, Clause 1, Article 23b of this Decree (prepared by the managing agency and project owner).

2. A dossier submitted by the Government to the National Assembly under Article 20 of the Law on Public Investment must comprise:

a/ The Government’s request;

b/ An adjusted prefeasibility study report or adjusted feasibility study report that has been completed on the basis of the Government’s opinions;

c/ An appraisal report of the State Appraisal Council;

d/ The documents as prescribed at Point d, Clause 1 of this Article.

Article 23d.Contents of appraisal and adjustment of investment policies of national important projects financed with public investment funds

Adjusted contents shall be appraised; relevant appraisal contents must comply with Article 16 of this Decree.”

4. To amend the title of Section 1, Chapter V and contents of Article 28 as follows:

“Section 1

DOSSIERS FOR AND CONTENTS OF APPRAISAL OF PROJECT INVESTMENT DECISIONS

Article 28.Dossiers submitted for appraisal

1. A dossier submitted by the project owner to its/his/her managing agency comprises:

a/ A request for appraisal;

b/ A feasibility study report;

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

d/ Other relevant documents;

2. A dossier submitted by the managing agency for appraisal must comprise:

a/ The managing agency’s request to the Prime Minister;

b/ A feasibility study report;

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

d/ Other relevant documents.

3. The managing agency shall send 1 dossier prescribed in Clause 2 of this Article to the Prime Minister and, at the same time, send 20 sets of dossier to the Ministry of Planning and Investment.

4. Within 5 working days after receiving a complete project dossier, the Ministry of Planning and Investment shall report to the Prime Minister on the establishment of the State Appraisal Council under Article 4 of this Decree.

5. The State Appraisal Council shall appraise the dossier of a national important project within 90 days after receiving a valid dossier.

6. A dossier submitted by the State Appraisal Council to the Prime Minister for consideration and decision on project investment must comprise:

a/ A report submitted by a managing agency to the Prime Minister (prepared by the managing agency after assimilating the State Appraisal Council’s opinions and completing the project dossier on the basis of such opinions);

b/ A feasibility study report that has been completed on the basis of the State Appraisal Council’s opinions; this report and base design drawings (if any) bear an appraisal seal appended by the State Appraisal Council’s Standing Body as assigned by the Council. The specimen of appraisal seals must comply with the law on management of construction investment;

c/ An appraisal report of the State Appraisal Council;

d/ The National Assembly’s resolution on approval of the investment policy of a national important project;

dd/ Other relevant documents.”

5. To amend and supplement Article 30 as follows:

“Article 30. Adjustment of national important projects

The adjustment of national important projects must comply with Clauses 2 thru 5, Article 43 of the Law on Public Investment, and Clause 1, Article 61 of the 2014 Construction Law.”

6. To amend and supplement Point b, Clause 8, Article 31 as follows:

“b/ Adjusted feasibility study reports that have been completed on the basis of the State Appraisal Council’s opinions; these reports and base design drawings (if any) bear an appraisal seal appended by the State Appraisal Council’s Standing Body as assigned by the Council.”

7. To amend and supplement Clauses 2 and 3, Article 33 as follows:

“2. For on-going projects involving criteria of national important projects as prescribed in Article 7 of the Law on Public Investment and Article 30 of the 2014 Law on Investment:

a/ These projects shall continue to be implemented; project owners shall report on the implementation of these projects to investment deciders or investment registration agencies;

b/ Persons competent to decide on investment or investment registration agencies shall report to the Prime Minister for consideration and reporting to the National Assembly at the year-end session on the implementation of the projects;

c/ The management of the projects prescribed in this Clause must comply with granted investment decisions or investment registration certificates, or previously adjusted investment decisions or investment registration certificates.”

3. For on-going projects seeing changes which make them have criteria of national important projects as prescribed in Article 7 of the Law on Public Investment:

a/ These projects shall continue to be implemented; and project owner shall report on arising problems to investment deciders;

b/ Investment deciders shall report to the Prime Minister; the Prime Minister shall consider and report to the National Assembly at the year-end session on the implementation of the projects, including arising problems which make the projects have criteria of important national projects;

c/ The order and procedures for adjustment of project investment policies and adjustment of projects must comply with current regulations applicable to projects or project groups before the adjustment;

d/ The management of the projects prescribed in this Clause must comply with the regulations on national important projects.”

Article 2. Implementation provisions

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

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC