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)