Decree 275/2025/ND-CP amend Decree 85/2025/ND-CP detailing Law on Public Investment

DECREE
Amending and supplementing a number of articles of the Government’s Decree No. 85/2025/ND-CP of April 8, 2025, detailing a number of articles of the Law on Public Investment^[1]

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to Law No. 58/2024/QH15 on Public Investment, which is amended and supplemented under Law No. 90/2025/QH15;

At the proposal of the Minister of Finance;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 85/2025/ND-CP of April 8, 2025, detailing a number of articles of the Law on Public Investment.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 85/2025/ND-CP of April 8, 2025, detailing a number of articles of the Law on Public Investment

1. To amend and supplement a number of clauses of Article 1 as follows:

a/ To amend and supplement Clause 5 as follows:

“5. Clause 12, Article 18 regarding decentralization of the competence, and order and procedures for deciding on investment policy for programs and projects using lawful revenues of state agencies or public non-business units that are earmarked for investment in accordance with regulations on financial autonomy of agencies and units; order and procedures for deciding on investment policy for projects using local budget funds and implemented by central agencies, or projects using commune-level budget funds and implemented by provincial-level agencies; and dossiers and contents of, and time limits for appraising, and deciding on investment policy for, programs and projects and order and procedures for deciding on investment policy for projects falling under the Prime Minister’s competence.”.

b/ To add Clause 6a below Clause 6 as follows:

“6a. Clause 3, Article 36a on limits for appraising funding sources and fund balancing capacity.”.

2. To amend and supplement Article 2 as follows:

“Article 2. Subjects of application

1. This Decree applies to agencies, units, organizations and individuals engaged in, or related to, public investment activities, and the management and use of public investment funds.

2. The estimation, management, use and account-finalization of state budget recurrent expenditures for procurement, repair, renovation and upgrading of assets and equipment; leasing of goods and services; repair, renovation, upgrading, expansion and construction of work items in invested construction projects and other necessary tasks must comply with the law on the state budget and other relevant laws.”

3. To amend and supplement a number of clauses of Article 4 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. Security and social order and safety: tasks, programs and projects in the sectors and fields serving the maintenance of security and social order and safety, fire prevention and fighting, investigation for crime prevention and combat, criminal judgment execution, disaster response, and search and rescue activities of central and local specialized units as decentralized, and houses for the people’s armed forces that are purchased or constructed by the Ministry of Public Security, ensuring cybersecurity, data security and information safety.

b/ To amend and supplement Clause 4 as follows:

“4. Science, technology, innovation and digital transformation: tasks, programs and investment projects on the construction of infrastructure, physical foundations, databases, equipment and technologies serving the development of science, technology, innovation and digital transformation, experimentation, trial, analysis, inspection, testing, specialized museums, standard-measurement-quality, intellectual property, atomic energy, nuclear energy and new types of energy, radiation and nuclear safety, scientific and technological information and statistics, specialized designing in natural sciences and engineering, technology application and transfer, semiconductor chips, and artificial intelligence; innovation centers, research and development, industrial development support, hi-tech parks, and hi-tech agro-forestry-fisheries zones; information technology application, digital infrastructure, digital platforms, application software, shared-use services, and leasing of information technology services for digital transformation; development of infrastructure, physical foundations, digital platforms and internationally connected IT infrastructure; support for innovation and innovative startups; innovation centers; innovation clusters; innovative startup support organizations; innovative startup support centers; and research and development centers.”.

c/ To amend and supplement Clause 5 as follows:

“5. Health, population and family: tasks, programs and investment projects on construction of infrastructure, physical foundations and equipment for achievement of medical objectives, covering preventive medicine, medical examination and treatment, functional rehabilitation, medical assessment, forensic medicine, forensic psychiatry, traditional medicine and pharmacy, and medical equipment; pharmaceuticals, cosmetics; food safety; health insurance; population and reproductive health.”

d/ To add Point q below Point p, Clause 10 as follows:

“q/ Digital technology industry: Projects on research and manufacturing of digital technology, artificial intelligence and semiconductor products and services; digital technology parks; and infrastructure of digital technology industry.”

4. To add Article 9a below Article 9 as follows:

“Article 9a. Order and procedures for deciding on investment policy for nuclear power plant projects falling under the Prime Minister’s competence

1. The Prime Minister shall assign a ministry, central agency or locality to act as the agency in charge of the project implementation. The agency in charge of the project implementation shall:

a/ Assign one of its attached units to prepare a prefeasibility study report of the project;

b/ Establish an appraisal council or assign one of its attached units to appraise the prefeasibility study report;

c/ Finalize the prefeasibility study report for submission to the Prime Minister.

2. The Prime Minister shall establish a state appraisal council with its chairperson being the Minister of Industry and Trade or assign the Ministry of Industry and Trade to act as an agency in charge of appraisal to appraise the prefeasibility study report of the project. A state appraisal council may be established concurrently with the preparation of a prefeasibility study report of the project.

A state appraisal council or an agency in charge of appraisal may invite organizations or individuals with appropriate expertise and experience to participate in the appraisal of the prefeasibility study report or request the project owner to select organizations or individuals with appropriate expertise and experience to participate in the appraisal of the prefeasibility study report.

3. The Ministry of Finance shall assume the prime responsibility for assessing funding sources, fund balancing capacity and fund allocation plans and send assessment results to the state appraisal council or the agency in charge of appraisal.

4. The appraisal council or the agency in charge of appraisal specified in Clause 2 of this Article shall send its appraisal opinions to the agency in charge of preparing the prefeasibility study report for finalizing and submitting the report to the Prime Minister.

5. The Prime Minister shall decide on investment policy which covers objectives, scale, total investment, location, implementation period, mechanisms, solutions and policies.”

5. To amend and supplement the title of Article 10 and the first paragraph of Clause 2, Article 10 as follows:

a/ To amend and supplement the title of Article 10 as follows:

“Article 10. Order and procedures for deciding on investment policy for projects using local budget funds and implemented by central agencies, or projects using commune-level budget funds and implemented by provincial-level agencies”

b/ To amend and supplement the first paragraph of Clause 2, Article 10 as follows:

“2. For a project with a provincial-level People’s Committee acting as the managing agency and using subordinate-level budget funds, the order and procedures for deciding on investment policy are as follows:”

6. To amend and supplement Point c, Clause 3, Article 15 as follows:

“c/ The authority that has decided on investment policy for a program or project shall consider and decide on suspension of investment policy for the program or project, including deciding on the plan on handling the completed volume of the program or project in accordance with the Government’s regulations on management, payment and account finalization of projects using public investment funds and relevant laws.”

7. To add Article 15a below Article 15 as follows:

“Article 15a. Limits for appraisal of funding sources and fund balancing capacity

1. After the competent authority notifies the total funding amount for the next period under Clause 4, Article 59 of the Law on Public Investment:

a/ In case the notified total funding amount for the next period is higher than the limit specified in Clause 1, Article 36a of the Law on Public Investment, ministries, central agencies and localities shall appraise funding sources and fund balancing capacity to ensure that the total projected investment funding value for the subsequent phase of programs, tasks and projects must not exceed the notified total funding amount.

b/ Programs and projects that have undergone appraisal of funding sources and fund balancing capacity within the limit specified in Clause 1, Article 36a of the Law on Public Investment and have had their investment policy approved but their funding amounts have not yet been balanced in the medium-term public investment plan shall continue to be considered as far as they guarantee the funding balance.

2. For programs and projects expected to be implemented in the medium-term public investment plan of the current period, ministries, central agencies and localities shall appraise funding sources and fund balancing capacity within the total funding amount of the current medium-term public investment plan assigned by the competent authority and the public investment funding source notified by the competent authority.

3. For ODA/foreign concessional loans, based on the letters of expression of interest or written commitments of foreign donors regarding the provision of ODA/foreign concessional loans for programs and projects of ministries, central agencies and localities, the Ministry of Finance shall report to the Prime Minister for approval the use of ODA/foreign concessional loans for the programs and projects as a basis for ministries, central agencies and localities to prepare and appraise investment policies and assess funding sources and fund balancing capacity.”

8. To amend and supplement Point d, Clause 2, Article 20 as follows:

“d/ The consistency with funding sources and fund balancing capacity for public investment programs; assessment of funding sources and fund balancing capacity, and fund allocation plans for national target programs; the consistency between the total investment of amount the program and medium-term and annual public investment plans; structure of funding sources from central and local budgets and other lawful funding sources; capacity to recover fund and pay debts in case of use of loans.”

9. To amend and supplement Clause 3, Article 30 as follows:

“3. For projects managed by commune-level People’s Committees and projects for which the competence to make the investment decision has been authorized by chairpersons of provincial-level People’s Committees, the assigned functional units of the commune-level People’s Committees shall assume the prime responsibility for appraising the projects’ designs and investment cost estimates, and submit them to chairpersons of the same-level People’s Committees for approval, in case of applying the one-step design process. Project owners shall approve detailed designs and cost estimates in case of applying the two-step design process. Detailed designs and cost estimates shall be approved simultaneously.”

10. To amend, supplement and annul a number of points and clauses of Article 43 as follows:

a/ To annul Clause 1.

b/ To amend and supplement Point b, Clause 3 as follows:

“b/ Summarize needs under the medium-term public investment plan for the next period, detailed by funding source and amount for each program, task or project and each of other public investment objects, and send them to the Ministry of Finance according to the schedule set by the Prime Minister.

Regarding needs for central budget fund for programs, tasks and projects in the fields of science, technology, innovation and digital transformation, ministries and central agencies shall consult the Ministry of Science and Technology for finalization before submitting them to the Ministry of Finance. The Ministry of Science and Technology shall give its opinions within 7 working days after receiving requests from concerned ministries and central agencies”.

c/ To amend and supplement Point c, Clause 4 as follows:

“c/ Summarize needs under provincial- and commune-level medium-term public investment plans for the next period, detailed by each funding source and funding for each program, task or project and each of other public investment objects, and submit them to the Ministry of Finance according to the schedule set by the Prime Minister.

Regarding needs for central budget funds for programs, tasks and projects in the fields of science, technology, innovation and digital transformation, provincial-level People’s Committees shall consult the Ministry of Science and Technology for finalization before submitting them to the Ministry of Finance. The Ministry of Science and Technology shall give its opinions within 7 working days after receiving requests from localities”.

d/ To amend and supplement Point b, Clause 6 as follows:

“b/ Assign specialized agencies in charge of public investment management to summarize tentative medium-term public investment plans for the next period, detailed by funding source and funding amount for each program, task or project and each of other public investment subjects and the contents specified in Article 52 of the Law on Public Investment, and send them to the Ministry of Finance for summarization before August 30 of the fifth year of the medium-term public investment plan of the previous period.

For tentative medium-term public investment plans for the next period using central budget funds for allocation to programs, tasks and projects in the fields of science, technology, innovation and digital transformation, ministries and central agencies shall consult the Ministry of Science and Technology for finalization before submitting them to the Ministry of Finance. The Ministry of Science and Technology shall give its opinions within 10 working days after receiving requests from concerned ministries and central agencies.”

dd/ To amend and supplement Point a, Clause 7 as follows:

“a/ Notify each of attached agencies and units and commune-level People’s Committee of the estimated capacity to balance the state budget funds for public investment expenditures for the next period for use as a basis for formulation of the tentative medium-term public investment plan for the next period;”

e/ To amend and supplement Point c, Clause 7 as follows:

“c/ Assign commune-level People’s Committees to formulate their own tentative medium-term public investment plans for the next period, submit them to the same-level People’s Councils for opinion before July 31 of the fifth year of the medium-term public investment plan of the previous period, and finalize and send it to the superior People’s Committees under regulations;”

g/ To amend and supplement Point d, Clause 7 as follows:

“d/ Summarize tentative provincial- and commune-level medium-term public investment plans for the next period, detailed by each funding source and funding amount for each program, task or project and each of other public investment objects and the contents specified in Article 52 of the Law on Public Investment, and send them to the Ministry of Finance for summarization before August 30 of the fifth year of the medium-term public investment plan of the previous period.

For tentative medium-term public investment plans for the next period using central budget funds for allocation to programs, tasks and projects in the fields of science, technology, innovation and digital transformation, provincial-level People’s Committees shall consult the Ministry of Science and Technology for finalization before submitting them to the Ministry of Finance. The Ministry of Science and Technology shall give its opinions within 10 working days after receiving requests from localities.”

h/ To amend and supplement Point b, Clause 9 as follows:

“b/ Assign specialized agencies in charge of public investment management to summarize medium-term public investment plans for the subsequent period, detailed by each funding source and funding amount for each program, task or project and other public investment objects and the contents specified in Article 52 of the Law on Public Investment, and send them to the Ministry of Finance for summarization according to the schedule set by the Prime Minister and guidance of the Ministry of Finance.

For medium-term public investment plans for the next period using the central budget funds for allocation to programs, tasks and projects in the fields of science, technology, innovation and digital transformation, ministries and central agencies shall consult the Ministry of Science and Technology for finalization before submitting them to the Ministry of Finance. The Ministry of Science and Technology shall give its opinions within 10 working days after receiving requests from ministries and central agencies.”

i/ To amend and supplement Point b, Clause 10 as follows:

“b/ Assign commune-level People’s Committees to finalize their own medium-term public investment plans for the next period, submit them to the same-level People’s Councils for approval before March 10 of the first year of the medium-term public investment plan for the next period, and send them to superior-level People’s Committees under regulations;”

k/ To amend and supplement Point c, Clause 10 as follows:

“c/ Summarize provincial- and commune-level medium-term public investment plans for the next period, detailed by each funding source and funding amount for each program, task or project, and other public investment objects and the contents specified in Article 52 of the Law on Public Investment, and send them to the Ministry of Finance for summarization according to the schedule set by the Prime Minister and guidance of the Ministry of Finance.

For medium-term public investment plans for the next period using central budget funds for allocation to programs, tasks and projects in the fields of science, technology, innovation and digital transformation, provincial-level People’s Committees shall consult the Ministry of Science and Technology for finalization before submitting them to the Ministry of Finance. The Ministry of Science and Technology shall give its opinions within 10 working days after receiving requests from localities.”

l/ To add Clause 12 below Clause 11 as follows:

“12. The Prime Minister shall allocate the total funding amount of the medium-term public investment plan from the state budget and the total central budget fund to ministries, central agencies and localities; the lists and funding amounts of public investment programs and projects, the total funding amount for planning tasks, the total funding amount for investment preparation tasks, and other public investment objects using central budget funds.”

11. To amend and supplement a number of clauses of Article 44 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. Within 10 days after the Prime Minister issues regulations on the formulation of socio-economic development plans and state budget estimates for the subsequent year, the Ministry of Finance shall provide ministries, central agencies and localities with guidance on socio-economic development plans and objectives, requirements, contents, time limit and schedule for formulation of public investment plans for the subsequent year. The Ministry of Science and Technology shall provide ministries, central agencies and localities guidance on objectives, requirements and contents for formulation of public investment plans for the subsequent year to be allocated for programs, tasks, and projects in the fields of science, technology, innovation and digital transformation.”

b/ To amend and supplement Clause 3 as follows:

“3. Past 7 days after the Ministry of Finance issues the guiding document, ministries, central agencies and localities shall guide their subordinate agencies and units in formulating public investment plans for the subsequent year.”

c/ To amend and supplement Clause 4 as follows:

“4. Before July 10 every year, ministries, central agencies and provincial-level People’s Committees shall summarize needs under public investment plans for the subsequent year and submit them to the Ministry of Finance and the State Audit Office of Vietnam; and concurrently to the Ministry of Science and Technology regarding needs for funds for the fields of science, technology, innovation and digital transformation.”

d/ To add Clause 4a below Clause 4 as follows:

“The Ministry of Science and Technology shall, based on proposals of ministries, central agencies and localities, summarize and estimate total needs under public investment plans for the subsequent year for the fields of science, technology, innovation and digital transformation, ensuring compliance with the Party’s guidelines and the State’s laws, and submit them to the Ministry of Finance before August 1 every year.”.

dd/ To amend and supplement Clause 5 as follows:

“5. Before August 10 every year:

a/ The Ministry of Finance shall report on the tentative plan on allocation of public investment funds from the central budget for the subsequent year to the Prime Minister for approval.

Based on the tentative plan on allocation of public investment funds from the central budget for the subsequent year approved by the Prime Minister, the Ministry of Finance shall notify the development investment funding amounts from the central budget to be allocated to ministries, central agencies and localities for public investment plan for the subsequent year.

b/ The Ministry of Science and Technology shall send the Ministry of Finance the public investment plan for the subsequent year for the fields of science, technology, innovation and digital transformation of each ministry, central agency or locality.”

e/ To amend and supplement Clause 6 as follows:

“6. People’s Committees at all levels shall submit to the same-level People’s Councils tentative public investment plans for the subsequent year, including lists of, and the funding amounts to be allocated for, programs, tasks, projects and other public investment objects.”

g/ To amend and supplement Clause 7 as follows:

“7. Before September 1 every year, ministries, central agencies and provincial-level People’s Committees shall summarize public investment plans for the subsequent year, including lists of, and funding amounts to be allocated for, public investment programs, tasks and projects, and other public investment objects, and send these plans to the Ministry of Finance. For funds planned for the fields of science, technology, innovation and digital transformation, the Ministry of Science and Technology shall summarize and propose the public investment plan for the subsequent year, including lists of and funding amounts to be allocated for programs, tasks, projects and other public investment objects regarding central budget funds and the total funding amount regarding local budget funds, for each ministry, central agency or locality and send them to the Ministry of Finance.”

h/ To add Clauses 9 and 10 below Clause 8 as follows:

“9. Before December 15 every year, the Prime Minister shall, based on the total funding amount and funding structure decided by the National Assembly, assign the subsequent year’s public investment plan using state budget funds to ministries, central agencies and localities, including the minimum central budget funding plan that ministries, central agencies and localities are required to allocate to programs, tasks, projects and other public investment objects in the fields of science and technology, innovation, and digital transformation.

10. Before December 31 every year, ministries, central agencies and localities shall formulate a detailed plan on allocation of funds from the investment plan using state budget funds for the subsequent year, including lists of and funding amounts for tasks and projects and send such plan to the Ministry of Finance for the latter to summarize and report to the Government and monitor the implementation thereof, and send the subsequent year’s public investment plan for the fields of science, technology, innovation and digital transformation to the Ministry of Science and Technology for the latter to monitor the implementation.”

12. To amend and supplement the first paragraph of Clause 2, Article 47 as follows:

“2. In case the duration for allocation of fund to a project has past the time limit specified in Clause 2 and at Points b, c and d, Clause 3, Article 57 of the Law on Public Investment but still needs an extension, the ministry, central agency or provincial-level People’s Committee shall review responsibilities of related organizations and individuals and report thereon to the Prime Minister for the latter to consider and decide on extension of the time limit for fund allocation, for projects funded by the central budget; the People’s Committee shall review responsibilities of related organizations and individuals and report thereon to the same-level People’s Council for the latter to consider and decide on extension of the time limit for fund allocation, for projects funded by local budgets, ensuring satisfaction of the following requirements:”

13. To amend Article 50 as follows:

“Article 50. Adjustment of public investment plans

1. The Government shall decide on adjustment of the annual public investment plan using central budget funds, provided it does not exceed the country’s total central budget expenditure decided by the National Assembly in the following cases:

a/ Overall adjustment of the country’s annual public investment plan using central budget funds;

b/ Adjustment of annual public investment plans using central budget funds among ministries, central agencies and localities based on their proposals submitted before December 15 of the planning year;

c/ Proactive reduction or adjustment of annual public investment plans using central funds of ministries, central agencies and localities to add funds to other ministries, central agencies and localities before December 15 of the planning year;

d/ Adjustment of annual public investment plans using central budget funds of ministries, central agencies and localities within their total central budget expenditure already decided by the competent authorities.

2. The Prime Minister shall decide on the adjustment of medium-term public investment plans using central budget funds in the following cases:

a/ Adjustment of medium-term public investment plans using central budget funds among ministries, central agencies and localities based on their proposals, provided it does not exceed the total medium-term fund decided by the National Assembly and reported to the National Assembly at the upcoming session;

b/ Proactive reduction or adjustment of medium-term public investment plans using central budget plan of ministries, central agencies and localities to add funds to other ministries, central agencies and localities, provided it does not exceed the total medium-term fund decided by the National Assembly and reported to the National Assembly at the upcoming session;

c/ Adjustment of the list of projects using central budget funds of ministries, central agencies and localities.

3. The Ministry of Finance shall report the adjustment of medium-term and annual public investment plans using central budget funds specified in Clauses 1 and 2 of this Article to the Government and the Prime Minister for consideration and decision.

4. Heads of ministries and central agencies have the following competence and responsibilities:

a/ To adjust medium-term public investment plans using central budget funds among projects, tasks and other public investment objects, ensuring the total central budget fund or the decided list of projects using central budget funds remain unchanged, and report them to the Ministry of Finance within 3 working days.

In case of adjustment to reduce the medium-term public investment plan for the fields of science, technology, innovation and digital transformation, the ministry or central agency shall report thereon to the Ministry of Science and Technology for the latter to give opinions before the adjustment is made. The Ministry of Science and Technology shall give its opinion within 5 working days after receiving the proposal from the ministry or central agency.

b/ To adjust annual public investment plans using central budget funds among projects, tasks and other public investment objects on the decided lists of medium-term public investment plans provided the adjustment does not exceed the total fund assigned by the competent authority before December 15 of the planning year; and report thereon to the Ministry of Finance within 3 working days.

In case the adjustment results in a reduction of the annual public investment plan for science, technology, innovation and digital transformation to a level lower than the minimum central budget funding plan mandated for the above fields in the Prime Minister’s decision on assignment of annual public investment plans, the ministry or central agency shall report such to the Ministry of Science and Technology for the latter to give opinions before the adjustment is made. The Ministry of Science and Technology shall give its opinions within 5 working days after receiving such proposal from the ministry or central agency.

5. Chairpersons of provincial-level People’s Committees have the following competence and responsibilities:

a/ To adjust medium-term public investment plans using central budget funds among projects, tasks and other public investment objects, ensuring the total fund from the central budget and the decided list of projects using central budget funds remain unchanged; and report thereon to the Ministry of Finance within 3 working days.

In case of adjustment to reduce the medium-term public investment plan for the fields of science, technology, innovation and digital transformation, the chairperson of the provincial-level People’s Committee shall report thereon to the Ministry of Science and Technology for the latter to give opinions before the adjustment is made. The Ministry of Science and Technology shall give its opinion within 5 working days after receiving the proposal from the locality.

b/ To adjust annual public investment plans using targeted transfers from the central budget among projects, tasks and other public investment objects on the decided list of medium-term public investment plans provided the adjustment does not exceed the total fund assigned by the competent authority before December 15 of the planning year; and report thereon to the Ministry of Finance within 3 working days and to the provincial-level People’s Council at its upcoming session.

In case the adjustment results in a reduction of the annual public investment plan for science, technology, innovation and digital transformation to a level lower than the minimum central budget funding plan mandated for the above fields in the Prime Minister’s decision on assignment of annual public investment plans, the chairperson of the provincial-level People’s Committee shall report thereon to the Ministry of Science and Technology for the latter to give opinions before the adjustment is made. The Ministry of Science and Technology shall give its opinions within 5 working days after receiving such proposal from the locality.

6. People’s Committees at all levels have the following competence and responsibilities:

a/ To adjust medium-term and annual public investment plans using local budget funds among agencies and units assigned with funds under their respective management, provided that the total medium-term and annual funding amounts remain unchanged and report thereon to the same-level People’s Councils at the upcoming session;

b/ To adjust medium-term and annual public investment plans using local budget funds among tasks and projects within agencies or units assigned with funding plans under their respective management within the total funding amounts decided by competent authorities;

c/ Annual public investment plans specified at Points a and b of this Clause shall be adjusted before December 15 of the planning year.

7. Ministers, heads of central agencies and chairpersons of provincial-level People’s Committees shall, based on the necessity and requirements on the progress of implementing and disbursing funds for projects, assign specialized agencies in charge of public investment management to review or propose plans to adjust their medium-term and annual public investment plans using central budget funds to ensure the feasibility, efficiency, funding sources and fund balancing capacity and submit such plans to ministers, heads of central agencies and chairpersons of provincial-level People’s Committees for decision under their competence or for reporting to the Ministry of Finance to submit to the competent authorities for decision.

8. People’s Committees at all levels shall, based on the necessity and requirements on the progress of implementing and disbursing funds for projects, assign specialized agencies in charge of public investment management to review or propose plans to adjust medium-term and annual public investment plans using local budget funds, to ensure the feasibility, efficiency, funding sources and fund balancing capacity and submit such plans to competent authorities for decision.”

14. To amend and supplement a number of points and clauses of Article 53 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Regulations on shared use:

a/ Information, data and documents collected and stored in the national information system and national database on public investment are primary-source information, data and documents of other public investment programs, tasks, projects and objects and public investment plans. In case information, data and documents in paper copies and those on the system are different, information, statistics and documents on the system shall serve as a basis for the formulation, appraisal, assignment and adjustment of medium-term and annual public investment plans, extension of the periods of implementing and disbursing annual public investment plans, advanced payment of annual public investment plans, reporting on the implementation of public investment plans, and monitoring and evaluation of other public investment programs, tasks, projects and objects;

b/ A public investment program, task, project or object is not entitled to fund disbursement when it is not on the lists of projects under public investment plans and for which data on fund assignment are unavailable on the national information system and national database on public investment, except public investment programs, tasks, projects and objects containing state secrets as specified by the law on the protection of state secrets.

c/ Organizations and individuals using the system shall take responsibility for accuracy of information, statistics and documents they report and update on the system;”

b/ To amend and supplement Point b, Clause 3 as follows:

“b/ Formulating, assigning, adjusting, extending the implementation and disbursement periods, and making advance payment of funds for, annual public investment plans;”

15. To add Clause 1a before Clause 2, Article 56 as follows:

“1a. The Ministry of Science and Technology shall guide, urge and review the formulation of needs and the estimation of funds to be allocated, assignment and adjustment of annual public investment plans by ministries, central agencies and localities for programs, tasks and projects in the fields of science, technology, innovation and digital transformation in accordance with this Decree.”

16. To amend and supplement Clause 3, Article 55 as follows:

“3. For state budget-funded information technology projects, the order, procedures and dossiers for formulation, appraisal, investment decision and  management organization must comply with the Government’s regulations on management of investment in state budget-funded application of information technology.”

17. To add Point p below Point o, Clause 2, Section V, Part A, Appendix I as follows:

“p/ Projects on research and manufacturing of digital technology industry, artificial intelligence (AI) and semiconductor products and services; digital technology parks and digital technology industry’s infrastructure.”

Article 2. Transitional provisions

1. In case a list of projects using central budget funds to be added to the medium-term public investment plan using central budget funds for the 2021-2025 period is not included in the list already assigned to ministries, central agencies and localities under the Prime Minister’s decisions, such ministries, central agencies and localities shall report thereon to the Ministry of Finance for the latter to submit to the Prime Minister for consideration and decision.

2. For programs and projects for which investment policy has been decided by People’s Councils at all levels before the effective date of this Decree but investment decisions have not yet been obtained, chairpersons of same-level People’s Committees shall issue investment decisions for such programs and projects.

3. The 2025 public investment plan using state budget funds may be adjusted as follows:

a/ Ministers and heads of central agencies shall adjust public investment plans using central budget funds for projects on the lists of the medium-term public investment plans approved by competent authorities that must not exceed the total funding amount assigned by competent authorities before November 15, 2025, and report thereon to the Ministry of Finance within 3 working days;

b/ Provincial-level People’s Committees shall adjust annual public investment plans using targeted transfers from the central budget under their management that must not exceed the total funding amount assigned by competent authorities in medium-term public investment plans before November 15, 2025; and report thereon to the Ministry of Finance within 3 working days and to same-level provincial-level People’s Council at their upcoming session;

c/ People’s Committees at all levels shall submit to same-level People’s Councils for decision the adjustment of 2025 public investment plans using local budget funds in case there are changes in the need or the capacity to disburse 2025 planned funds among local agencies and units before November 15, 2025.

d/ People’s Committees at all levels shall adjust the 2025 public investment plans using local budget funds among tasks and projects within agencies and units assigned with funding plans under their management and within the total funding amount decided by same-level People’s Councils before November 15, 2025.

Article 3. Effect and implementation responsibility

1. This Decree takes effect from October 18, 2025, except the cases specified in Clause 2 of this Article.

2. Provisions on the adjustment of the annual public investment plan in Clause 13, Article 1 of this Decree will take effect under the 2026 public investment plan.

3. Ministers, heads of ministerial-level agencies and other central agencies, chairpersons of provincial-level People’s Committees, and heads of related agencies and units shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
HO DUC PHOC