Decree No. 40/2020/ND-CP detailing the Law on Public Investment

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ATTRIBUTE

Decree No. 40/2020/ND-CP dated April 06, 2020 of the Government detailing a number of articles of the Law on Public Investment
Issuing body: GovernmentEffective date:
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Official number:40/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:06/04/2020Effect status:
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Fields:Investment

SUMMARY

The Government guidance on formulation of appraisal dossier for public investment project

This content is approved by the Government on the Decree No. 40/2020/ND-CP on detailing and guiding the implementation of a number of Articles of the Law on Public Investment on April 06, 2020.
Accordingly, the appraisal dossier for public investment project without construction component shall include the following documents:
Fisrt, a written proposal for appraisal of the project, with: The necessity of investment in the project; objectives and principal contents of the feasibility study report of the project; proposal for competent authorities to decide on the public investment program;
Second, the feasibility study report of the project as prescribed in Article 44 of the Law on Public Investment;
Third, the reports of the Vietnam Fatherland Front Committees at all levels summarizing opinions of residents in the place where the project is to be implemented for projects as prescribed in Article 74 of the Law on Public Investment.
Fourth, other relevant documents serving the appraisal of public investment projects (if any).
And the dossier for appraisal of a public investment project with construction components must comply with the law on construction, and contain opinions of residents and other relevant law regulations. The number of appraisal dossiers sent to the Appraisal Council or the agency in charge of appraisal is 10 sets.
In addition, order and procedures for decision on investment policy on programs and projects that use capital from lawful revenue sources of state agencies and public non-business units for investment...
This Decree takes effect from the date of its signing.
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Effect status: Known

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 40/2020/ND-CP

 

Hanoi, April 06, 2020

 

DECREE

Detailing a number of articles of the Law on Public Investment[1]

 

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

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

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree detailing a number of articles of the Law on Public Investment.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law on Public Investment regarding:

1. Dossiers, contents and time limits for appraising, deciding on investment policy, or deciding on adjustment of investment policy, and cases of adjustment of investment policy, for public investment programs and projects of group A, group B or group C.

2. Dossiers, contents and time limits for appraising and deciding on programs and projects; and contents, order and procedures for formulating, and appraising adjustments to, public investment programs and projects of group A, group B or group C.

3. Principles, competence, order and procedures for deciding on investment policy; and principles, competence, contents, order and procedures for formulating, appraising, or deciding on investment in, public investment projects of group A, group B or group C in foreign countries.

4. Delegation of powers, order and procedures for deciding on investment policy for and deciding on investment in programs or projects of group A, group B or group C funded with lawful revenues of state agencies or public non-business units which are reserved for investment.

5. Investment order and procedures for subjects eligible for allocation of preferential loan interest rate subsidies and management fees; allocation of charter capital for policy banks and non-budget state financial funds; and investment support for other policy beneficiaries under the Prime Minister’s decisions.

6. Objects and contents of preliminary environmental impact assessment for deciding on project investment policy.

7. Management of performance of investment preparation tasks, planning tasks and public investment projects without construction components.

8. Formulation, appraisal, approval and assignment of medium-term and annual plans on funds from lawful revenues of state agencies or public non-business units which are reserved for investment.

9. Organization and implementation solutions for, and reporting to competent authorities on implementation of, medium-term and annual public investment plans.

10. Order and procedures for adjustment of medium-term and annual public investment plans funded with the state budget.

11. Prolongation of duration of implementation of, and fund disbursement for, annual public investment plans funded with the state budget.

12. National information system on public investment and national database on public investment.

Article 2. Subjects of application

This Decree applies to organizations and individuals engaged or involved in public investment activities and management and use of public investment funds.

Article 3. Interpretation of terms

1. Internal appraisal means appraisal of a dossier or report for its completion before it is sent to a competent agency or an appraisal council for appraising investment policy as a basis for a competent authority to decide on investment policy or adjustment of investment policy for a program or project; or for appraising a program or project as a basis for deciding on a program or project or adjustment of a program or project. An agency in charge of internal appraisal shall be decided by a minister, the head of a central body or the chairperson of a People’s Committee.

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[1] Công Báo Nos 379-380 (18/4/2020)

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ENGLISH DOCUMENTS

Official Gazette
Decree 40/2020/NĐ-CP PDF

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