VietnameseDecree No. 161/2016/ND-CP dated December 02, 2016 of the Government stipulating a special mechanism for construction investment management of a number of projects under national target programs during 2016-2020
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Decree No. 161/2016/ND-CP dated December 02, 2016 of the Government stipulating a special mechanism for construction investment management of a number of projects under national target programs during 2016-2020
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 161/2016/ND-CP | Signer: | Nguyen Xuan Phuc |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 02/12/2016 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Investment |
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THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness | |
No. 161/2016/ND-CP | Hanoi, December 2, 2016 |
DECREE
Stipulating a special mechanism for construction investment management of a number of projects under national target programs during 2016-2020[1]
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the November 26, 2013 Bidding Law;
Pursuant to the June 18, 2014 Law on Public Investment;
Pursuant to the June 18, 2014 Construction Law;
Pursuant to the XIIIth National Assembly’s Resolution No. 100/2015/QH13 of November 12, 2015, approving the investment policy for national target programs during 2016-2020;
At the proposal of the Minister of Planning and Investment;
The Government promulgates the Decree stipulating a special mechanism for construction investment management of a number of projects under national target programs during 2016-2020.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Decree stipulates a special mechanism for construction investment management of small-scale projects under national target programs during 2016-2020 which use unsophisticated technologies and partly invested by the State and partly contributed by the people (below referred to as small-scale group-C projects).
2. This Decree applies to agencies, organizations and individuals engaged in implementing national target programs during 2016-2020.
Article 2. Criteria of small-scale group-C projects
A small-scale group-C project defined in Clause 1, Article 1 of this Decree must meet the following criteria:
1. Being included in a national target program during 2016-2020.
2. Having a total investment capital of under VND 5 billion.
3. Being located in a single commune managed by a commune-level People’s Committee.
4. Using unsophisticated technologies, having a model or typical design.
5. Using funds partly allocated from the state budget and partly contributed by the people and other sources with the participation and supervision of the people. People’s contributions may be in cash or in kind and their labor converted in money.
6. Being included in the list of projects eligible for the special mechanism issued by a provincial-level People’s Committee.
Chapter II
SPECIFIC PROVISIONS
Article 3. Appraisal of funding sources and fund balancing capacity of the central budget and funds raised from government bonds, national public bonds and ODA (below referred to as central budget funds) for small-scale group-C projects
1. Based on central agencies’ notices of allocation of medium-term or annual capital amounts, a provincial-level People’s Committee shall appraise funding sources and the capacity to allocate funds from the central budget for the list of small-scale group-C projects, without appraising each specific project. Based on the appraisal report prepared by its provincial-level Department of Planning and Investment, the provincial-level People’s Committee shall decide investment policy for the whole list of projects.
2. Balancing funds for new projects must satisfy the requirements set out in Clause 5, Article 54 of the Law on Public Investment.
3. Each provincial-level People’s Committee shall send a report summarizing the appraisal results of funding sources and central budget balancing capacity for new projects of each national target program (below referred to as general appraisal report) to the Ministry of Planning and Investment, the Ministry of Finance and the owner of the national target program for monitoring and supervision. The deadline for reporting is the 30th day from the date the provincial-level People’s Committee allocates central budget funds to new projects in its annual plan. A general appraisal report must specify:
a/ Funding sources: Projects’ conformity with funding sources, objectives and target beneficiaries of the program;
b/ Fund balancing: The capability to allocate capital from the total capital of the program’s medium-term or annual investment plan for projects arranged in the order of priority as prescribed by law;
c/ The list of appraised projects: name of project, location, size and total investment capital (central budget, local budget, people’s contributions and other sources), duration and form of implementation.
Article 4. Compilation of work construction dossiers
1. For each project eligible for the special investment mechanism, a simplified work construction dossier (below referred to as work construction dossier) shall be prepared instead of construction investment economic-technical report.
2. Content of a work construction dossier:
a/ Name of the project, investment objective, construction location, project owner, size, technical standards of the model or typical design issued by a competent state agency and the duration of implementation;
b/ Total investment capital including state funds (central budget and local budgets), people’s contributions and other raised funds. A statement of expenses with priority given to the use of local materials and unit prices used for preparing the work construction dossier which conform with market prices and are permitted for application;
c/ Construction drawings (if any) according to the model or typical design;
d/ Self-execution ability of the beneficiary people or community.
3. The commune-level national target program management unit (below referred to as the management unit) shall compile a work construction dossier and send it to the commune-level People’s Committee for appraisal and approval. For a work assigned by the commune-level People’s Committee to a village, the village-level management unit (or an equivalent organization recognized by the commune-level People’s Committee) shall compile a work construction dossier and send it to the commune-level People’s Committee for appraisal and approval.
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