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

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.

2. Public investment projects in foreign countries include investment projects wholly or partly using public investment funds for procurement of equipment, or construction, upgrading or repair of working offices and houses for staff members of overseas Vietnamese representative missions and other overseas Vietnamese agencies; and investment projects wholly or partly using public investment funds for purchase of houses or land or long-term rent of land in foreign countries for construction of working offices and houses for staff members.

3. Allocation of preferential loan interest rate subsidies and management fees for policy banks means distribution of public investment funds for policy banks for them to offset interest rate differences and management fees in the provision of loans for policy beneficiaries in accordance with law.

4. Allocation of charter capital or additional allocation of charter capital for policy banks or non-budget state financial funds means distribution of public investment funds for allocation of charter capital or additional allocation of charter capital for policy banks or non-budget state financial funds under decisions of competent authorities.

5. Investment support for policy beneficiaries under the Prime Minister’s decision means distribution of public investment funds for implementation of specific policies under the Prime Minister’s decisions.

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

a/ National information system on public investment means a collection of hardware, software and databases established for purposes of creating, establishing, providing, transmitting, collecting, processing, storing and exchanging information relating to public investment in the Internet (below referred to as the System);

b/ National database on public investment means a collection of basic information about public investment programs, projects and plans which is developed, updated and maintained for management, exploitation and use via electronic means;

c/ The System is developed and applied nationwide to serve the state management of public investment, covering summarization, reporting, assignment and adjustment of medium-term and annual public investment plans; monitoring and evaluation of public investment programs and projects; and management, storage and publicization of data under regulations.

Article 4. Expenses for formulation and appraisal of public investment programs and projects

1. Expenses for formulation and appraisal of prefeasibility study reports and investment policy proposal reports of public investment programs and projects of group A, group B or group C must comply with Article 15 of the Law on Public Investment.

2. In case a competent authority refuses to decide on investment policy for or investment in a project, expenses paid for formulation of the prefeasibility study report, investment policy proposal report or feasibility study report shall be accounted and finally settled into investment preparation expenses in development investment expenditures of a ministry, central body or local administration managing such project.

Chapter II

FORMULATION AND APPRAISAL OF, AND DECISION ON INVESTMENT POLICY FOR, PUBLIC INVESTMENT PROGRAMS AND PROJECTS

Article 5. Competence to decide on investment policy for programs or projects funded with lawful revenues of state agencies or public non-business units which are reserved for investment

1. For programs and projects of state agencies or public non-business units which are managed by ministries or central bodies:

a/ Ministers or heads of central bodies shall decide on investment policy for programs and projects of group A, group B or group C of state agencies under their management; programs and projects of group A of their attached public non-business units that cover current expenditures by themselves; and programs and projects of group A or group B of other attached public non-business units, except those specified at Points b and c of this Clause;

b/ Heads of public non-business units that cover current expenditures and investment expenditures by themselves under regulations shall decide on investment policy for programs and projects of group A, group B or group C of units under their management;

c/ Heads of public non-business units that cover current expenditures by themselves shall decide on investment policy for projects of group B or group C of units under their management;

d/ Heads of other public non-business units, except those specified at Points b and c of this Clause, shall decide on investment policy for projects of group C of units under their management.

2. For programs and projects of state agencies or public non-business units which are managed by local authorities:

a/ Chairpersons of People’s Committees at all levels shall decide on investment policy for programs and projects of group A, group B or group C of state agencies under their People’s Committees’ management; programs and projects of group A of their attached public non-business units that cover current expenditures by themselves; and programs and projects of group A or group B of other attached public non-business units, except those specified at Points b and c of this Clause;

b/ Heads of public non-business units that cover current expenditures and investment expenditures by themselves under regulations shall decide on investment policy for programs and projects of group A, group B or group C of units under their management;

c/ Heads of public non-business units that cover current expenditures by themselves shall decide on investment policy for projects of group B or group C of units under their management;

d/ Heads of other public non-business units, except those specified at Points b and c of this Clause, shall decide on investment policy for projects of group C of units under their management.

3. Within 10 days after approving the investment policy for a program or project, public non-business units specified at Points b, c and d, Clause 1, and Points b, c and d, Clause 2, of this Article shall send the investment policy approval decision to the concerned managing ministry, central body or People’s Committee for reporting.

Article 6. Order and procedures for deciding on investment policy for programs and projects funded with lawful revenues of state agencies or public non-business units which are reserved for investment

1. Ministers or heads of central bodies shall:

a/ Assign their attached units or public non-business units under their management to make prefeasibility study reports or investment policy proposal reports, for the programs and projects specified at Point a, Clause 1, Article 5 of this Decree;

b/ Form an appraisal council or assign a unit with appraisal function to appraise prefeasibility study reports or investment policy proposal reports; and appraise funding sources and capacity to balance funds from lawful revenues of state agencies or public non-business units which are reserved for investment;

c/ Direct the units specified at Point a of this Clause in finalizing prefeasibility study reports or investment policy proposal reports; and submit investment policy for programs or projects to ministers or heads of central bodies for consideration and decision.

2. Chairpersons of People’s Committees at all levels shall:

a/ Assign specialized agencies or attached units or public non-business units under their management to make prefeasibility study reports or investment policy proposal reports, for the programs and projects specified at Point a, Clause 2, Article 5 of this Decree;

b/ Form an appraisal council or assign a unit with appraisal function to appraise prefeasibility study reports or investment policy proposal reports; and to appraise funding sources and capacity to balance funds from lawful revenues of agencies or public non-business units which are reserved for investment;

c/ Direct the agencies and units specified at Point a of this Clause in finalizing prefeasibility study reports or investment policy proposal reports; and submit investment policy for programs or projects to the former for consideration and decision.

3. Heads of the public non-business units specified at Points b, c and d, Clause 1, and Points b, c and d, Clause 2, Article 5 of this Decree shall:

a/ Assign specialized agencies or attached units under their management to make prefeasibility study reports or investment policy proposal reports, for programs and projects of their units;

b/ Form an appraisal council or assign a unit with appraisal function to appraise prefeasibility study reports or investment policy proposal reports; and appraise funding sources and capacity to balance funds from lawful revenues of their units which are reserved for investment;

c/ Direct the agencies and units specified at Point a of this Clause to finalize prefeasibility study reports or investment policy proposal reports; and submit investment policy for programs or projects to the former for consideration and decision.

Article 7. Principles and competence for deciding on investment policy for public investment projects of group A, group B or group C in foreign countries

1. Principles for deciding on investment policy for public investment projects in foreign countries must comply with Clauses 2 and 3, Article 3 of the Law on Public Investment and the provisions of this Decree.

2. The competence to decide on investment policy for public investment projects in foreign countries must comply with Article 17 of the Law on Public Investment.

Article 8. Order and procedures for deciding on investment policy for public investment projects of group A, group B or group C in foreign countries

1. Ministers or heads of central bodies shall:

a/ Assign their attached units to make prefeasibility study reports or investment policy proposal reports for projects;

b/ Form an appraisal council or assign a unit with appraisal function to appraise prefeasibility study reports or investment policy proposal reports; and appraise funding sources and capacity to balance funds for projects;

c/ Direct the units specified at Point a of this Clause in finalizing prefeasibility study reports or investment policy proposal reports; and submit investment policy for projects to competent authorities for consideration and decision.

2. Chairpersons of People’s Committees at all levels shall:

a/ Assign their specialized agencies or attached units to make prefeasibility study reports or investment policy proposal reports for projects;

b/ Form an appraisal council or assign a unit with appraisal function to appraise prefeasibility study reports or investment policy proposal reports; and appraise funding sources and capacity to balance funds for projects;

c/ Direct the agencies and units specified at Point a of this Clause in finalizing prefeasibility study reports or investment policy proposal reports; and submit investment policy for projects to competent authorities for consideration and decision.

3. Contents of a prefeasibility study report for a project of group A or of an investment policy proposal report for a project of group B or group C:

a/ Necessity of investment, conditions for investment, and assessment of the project’s conformity with the relevant master plan in accordance with the law of the host country;

b/ Investment objectives, scale and location;

c/ Estimated total investment amount;

d/ Investment schedule and phasing;

dd/ Security and environmental factors; expected socio-economic efficiency;

e/ Division of component projects (if any);

g/ Implementation solutions.

4. Contents of appraisal of investment policy for a project:

a/ Necessity of investment in the project;

b/ The project owner’s compliance with the law of the host country and law of the Socialist Republic of Vietnam;

c/ The project’s conformity with the relevant master plan in accordance with the law of the host country;

d/ Investment objectives, scale, location and schedule; security and environmental factors;

dd/ Socio-economic efficiency.

Article 9. Dossiers, contents and time limits for appraisal of prefeasibility study reports or investment policy proposal reports for public investment programs and projects of group A, group B or group C

1. A dossier for appraisal of a prefeasibility study report or an investment policy proposal report for a public investment program or project of group A, group B or group C must comprise:

a/ A written request for a competent authority’s decision on investment policy for the program or project;

b/ The prefeasibility study report, for projects of group A; or investment policy proposal report, for programs and projects of group B or group C as prescribed in Article 29, 30 or 31 of the Law on Public Investment;

c/ Other relevant documents (if any).

2. The required number of sets of dossiers to be submitted to the appraisal council or agency in charge of appraisal is 10.

3. Contents of appraisal of investment policy for a public investment program:

a/ Whether the program satisfies criteria for identifying a public investment program;

b/ Whether the dossier submitted for appraisal complies with law;

c/ The program’s conformity with relevant strategic objectives, socio-economic development plans, sector development plans, or master plans as prescribed by the planning law;

d/ The contents specified in Article 29 of the Law on Public Investment, of which the program’s basic contents shall be appraised in detail, including investment objectives, scope, scale and objects, implementation duration and schedule, and funds to be allocated; funding sources and fund-balancing capacity; and mobilization of other funding sources and resources;

dd/ Socio-economic efficiency, environmental protection, and sustainable development.

4. Contents of appraisal of investment policy for a public investment project of group A, group B or group C:

a/ Necessity of investment in the project;

b/ Whether the dossier submitted for appraisal complies with law;

c/ The project’s conformity with relevant strategic objectives, plans or master plans as prescribed by the planning law;

d/ Whether the project satisfies criteria for classifying a project of group A, group B or group C;

dd/ The contents specified in Article 30 or 31 of the Law on Public Investment, of which the project’s basic contents shall be appraised in detail, including investment objectives, scale and form, scope, location and land area of the project, implementation duration and schedule, main technology option plans, environmental protection solutions, funding sources and fund-balancing capacity; capacity to recover funds and pay debts in case of borrowing loans; and funds to be allocated;

e/ Socio-economic efficiency, environmental protection, and sustainable development.

5. Agencies in charge of appraising prefeasibility study reports or investment policy proposal reports for programs or projects shall consult agencies assigned to appraise funding sources and fund-balancing capacity for programs or projects as defined in Clause 2, 3 or 4, Article 33 of the Law on Public Investment in the course of appraising such reports.

6. The time limit for appraising a prefeasibility study report or an investment policy proposal report for a public investment program or project of group A, group B or group C, counting from the date the appraisal council or agency in charge of appraisal receives a complete and valid dossier, is:

a/ Sixty days, for national target programs;

b/ Forty-five days, for public investment programs (except national target programs);

c/ Forty-five days, for projects of group A; or,

d/ Thirty days, for projects of group B or group C;

In case the dossier is invalid or the report fails to comply with Article 29, 30 or 31 of the Law on Public Investment, within 10 days after receiving the dossier, the appraisal council or agency in charge of appraisal shall send its written opinions to the appraisal-requesting agency for completion of the dossier or finalization of the report.

7. When it is necessary to extend the time limit for appraising a prefeasibility study report or an investment policy proposal report for a program or project, the appraisal council or agency in charge of appraisal shall:

a/ Propose the Prime Minister to permit the extension of the time limit for appraising the prefeasibility study report or investment policy proposal report, for programs or projects for which the investment policy is decided by the National Assembly, Government or Prime Minister;

b/ Propose the chairperson of the concerned People’s Committee to permit the extension of the time limit for appraising the prefeasibility study report or investment policy proposal report, for programs or projects for which the investment policy is decided by the same-level People’s Council;

c/ Propose the minister or head of the central body to permit the extension of the time limit for appraising the investment policy proposal report, for programs or projects for which the investment policy is decided by ministries or central bodies;

d/ An extended time limit must not exceed the initial time limits for appraisal prescribed in Clause 6 of this Article.

8. Appraisal councils or agencies in charge of appraisal of prefeasibility study reports of projects of group A or investment policy proposal reports of programs and projects of group B or group C shall send appraisal reports to:

a/ Agencies managing programs and agencies competent to decide on investment policy, for public investment programs;

b/ The subjects specified in Clause 5, Article 23 of the Law on Public Investment and the Government Office for reporting to the Prime Minister, for projects of group A falling within the competence of the Prime Minister;

c/ The subjects specified in Clause 2, Article 24 of the Law on Public Investment, for projects of group A falling within the competence of provincial-level People’s Councils;

d/ Appraisal-requesting agencies, agencies managing projects, and agencies competent to decide on investment policy, for projects of group B or group C.

Article 10. Dossiers to be submitted to competent authorities and time limits for deciding on investment policy for public investment programs and projects of group A, group B or group C

1. A dossier to be submitted to a competent authority for deciding on investment policy for a public investment program or project of group A, group B or group C must comprise:

a/ The documents specified in Clause 1, Article 9 of this Decree, of which contents of the written request for decision on investment policy and the prefeasibility study report or investment policy proposal report mentioned at Points a and b, Clause 1, Article 9 of this Decree have been finalized based on the appraisal report of the appraisal council or agency in charge of appraisal;

b/ An appraisal report on investment policy for the program or project, made by the appraisal council or agency in charge of appraisal.

2. The required number of sets of dossier mentioned in Clause 1 of this Article is 5.

3. The time limit for deciding on investment policy for a program or project, counting from the date a competent authority receives a complete and valid dossier, is:

a/ Twenty days, for public investment programs (except national target programs);

b/ Fifteen days, for projects of group A; or,

c/ Ten days, for projects of group B or group C;

For programs and projects for which investment policy is decided by People’s Councils, the time limit for deciding on investment policy must match agendas of People’s Councils.

4. Within 15 days after a competent authority decides on investment policy for a program or project:

a/ The ministry or central body and local authority managing the program or project shall, for programs and projects using central budget funds, send the investment policy decision to the Ministry of Planning and Investment and Ministry of Finance;

b/ The agency managing the program or project shall, for programs or projects using local budget funds, send the investment policy decision to the provincial-level Department of Planning and Investment and Department of Finance, and same-level specialized agency in charge of investment management.

Article 11. Cases of adjustment of investment policy, dossiers to be submitted to competent authorities, and time limits for deciding on adjustment of investment policy for public investment programs and projects of group A, group B or group C

1. In case a competent authority has decided on investment policy for, but not yet decided on investment in, a program or project, if there is any change in the investment policy decision, the adjustment of investment policy must comply with Article 34 of the Law on Public Investment.

2. In case a competent authority has decided on investment in a program or project and such program or project is being implemented, the adjustment of investment policy must comply with Clause 5, Article 43 of the Law on Public Investment.

3. A dossier to be submitted to a competent authority for deciding on adjustment of investment policy for a program or project must comprise:

a/ A written request for a competent authority’s decision on adjustment of investment policy for a program or project, which must clearly state reasons for adjustment; adjusted contents corresponding to principal contents of the prefeasibility study report or investment policy proposal report specified in Article 29, 30 or 31 of the Law on Public Investment;

b/ Documents accompanying the written request, including the decision on investment policy for the program or project; decision on adjustment of the previous investment policy for the program or project (if any); and the document specified at Point b, Clause 1, Article 9 of this Decree which is added with the content on adjustment of investment policy;

c/ An appraisal report on adjustment of investment policy for the program or project, made by the appraisal council or agency in charge of appraisal;

d/ Other relevant documents (if any).

4. The required number of sets of dossier to be submitted to a competent authority for decision on adjustment of investment policy for a program or project must comply with Clause 2, Article 9 of this Decree.

5. The time limit for deciding on adjustment of investment policy for a program or project, counting from the date a competent authority receives a complete and valid dossier, is:

a/ Twenty days, for public investment programs (except national target programs);

c/ Fifteen days, for projects of group A; or,

d/ Ten days, for projects of group B or group C.

Article 12. Objects and contents of preliminary environmental impact assessment as a basis for deciding on investment policy

1. Preliminary environmental impact assessment constitutes a content of a prefeasibility study report or an investment policy proposal report of a project. Objects of assessment are public investment projects subject to approval of investment policy decisions as prescribed in the law on environmental protection and Article 99 of the Law on Public Investment.

2. Contents of preliminary environmental impact assessment:

a/ Assessment of conformity of the project location with the environmental protection strategy, national environmental protection master plan, and environmental protection contents in relevant regional master plans, provincial master plans, and other master plans;

b/ Identification and forecast of the project’s possible environmental impacts under plans on production, business or service scale, production technology, and project location;

c/ Evaluation of environmental sensitivity under plans on project location;

d/ Analysis, evaluation and selection of the optimal plan on production, business or service scale, production technology, waste treatment technology (if any), and project location that meets environmental protection requirements and main environmental protection solutions;

dd/ Identification of contents to be evaluated in the process of environmental impact assessment or licensing of environmental activities (if any), which must preliminarily indicate the scope of effects caused by the project on the environment, natural resources and biodiversity, and the project owner’s commitment to implementing environmental protection solutions.

Chapter III

FORMULATION AND APPRAISAL OF, AND DECISION ON INVESTMENT IN, PUBLIC INVESTMENT PROGRAMS AND PROJECTS

Article 13. Competence to decide on investment in programs and projects funded with lawful revenues of state agencies or public non-business units which are reserved for investment

1. For programs and projects of state agencies or public non-business units which are managed by ministries or central bodies:

a/ Ministers or heads of central bodies shall decide on investment in programs and projects of group A, group B or group C of state agencies which are managed by ministries or central bodies;

b/ Heads of public non-business units shall decide on investment in programs and projects of group A, group B or group C which are managed by their units;

c/ The public non-business units specified at Point b of this Clause may act as owners of projects without construction components in which they decide on investment.

2. For programs and projects of state agencies or public non-business units which are managed by local authorities:

a/ Chairpersons of People’s Committees shall decide on investment in programs and projects of group A, group B or group C of state agencies which are managed by their People’s Committees;

b/ Heads of public non-business units shall decide on investment in programs and projects of group A, group B or group C which are managed by their units;

c/ The public non-business units specified at Point b of this Clause may act as owners of projects without construction components in which they decide on investment.

Article 14. Order and procedures for deciding on investment in programs and projects funded with lawful revenues of state agencies or public non-business units which are reserved for investment

1. For investment programs or projects without construction components which are managed by ministries or central bodies:

a/ For a program or project in which investment is decided by a minister or the head of a central body:

Based on the investment policy decided by a competent authority, the minister or head of the central body shall assign the program or project owner to make a feasibility study report of the program or project; and form an appraisal council or assign a unit with appraisal function to appraise the feasibility study report;

The program or project owner shall, based on appraisal opinions, finalize the feasibility study report of the program or project and submit it to the minister or head of the central body for consideration and decision on investment in the program or project;

b/ For a program or project in which investment is decided by the head of a public non-business unit: The head of the public non-business unit shall organize the making of a feasibility study report of the program or project in conformity with the investment policy decided by the competent authority; organize the appraisal and approval of the program or project and take responsibility for his/her decision in accordance with current regulations.

2. For investment programs or projects without construction components which are managed by local authorities:

a/ For a program or project in which investment is decided by the chairperson of a People’s Committee:

Based on the investment policy decided by a competent authority, the chairperson of the People’s Committee shall assign the program or project owner to make a feasibility study report of the program or project; and form an appraisal council or assign a unit with appraisal function to appraise the feasibility study report;

The program or project owner shall, based on appraisal opinions, finalize the feasibility study report of the program or project and submit it to the chairperson of the People’s Committee for consideration and decision on investment in the program or project;

b/ For a program or project in which investment is decided by the head of a public non-business unit: The head of the public non-business unit shall organize the making of a feasibility study report of the program or project in conformity with the investment policy decided by the competent authority; organize the appraisal and approval of the program or project and take responsibility for his/her decision in accordance with current regulations.

Article 15. Principles, competence and contents for formulation and appraisal of, and decision on, public investment projects of group A, group B or group C in foreign countries

1. Principles for deciding on investment in public investment projects of group A, group B or group C in foreign countries must comply with Clause 2, Article 3 of the Law on Public Investment, law of the host country, and law of the Socialist Republic of Vietnam.

2. The competence to decide on investment in public investment projects in foreign countries must comply with Article 35 of the Law on Public Investment.

3. Contents of public investment projects with construction components of overseas Vietnamese representative missions must comply with the Government’s regulations on management of investment projects of overseas representative missions of the Socialist Republic of Vietnam and other relevant regulations.

4. Contents of public investment projects with construction components of other overseas Vietnamese agencies must comply with the Government’s regulations on management of investment projects of overseas representative missions of the Socialist Republic of Vietnam and other relevant regulations.

5. Principal contents of a feasibility study report of a public investment project without construction components in a foreign country:

a/ Necessity of the investment;

b/ The project’s conformity with the relevant master plan in accordance with the law of the host country;

c/ Analysis for identification of objectives, and selection of a rational scale;

d/ Analysis of natural conditions and economic conditions, selection of investment location;

dd/ Security and environmental factors;

e/ Ground clearance plan (if any);

g/ Project implementation schedule; main time landmarks for investment;

h/ Total investment; structure of funding sources;

i/ Organization of project management, covering identification of the project owner and analysis for selection of the form of organization of project management;

k/ Analysis of socio-economic efficiency.

6. Contents of appraisal of a public investment project without construction components in a foreign country:

a/ Whether the dossier submitted for appraisal complies with law;

b/ The project’s conformity with the approved investment policy;

c/ Necessity of investment;

d/ The project’s conformity with the relevant master plan in accordance with law of the host country;

dd/ Whether the project’s objectives and scale are appropriate;

e/ Factors related to natural conditions and economic conditions, and selection of investment location;

g/ Security and environmental factors;

h/ Ground clearance plan (if any);

i/ Project implementation schedule; main time landmarks for investment;

k/ Total investment;

l/ Form of organization of project implementation management;

m/ Whether funding sources and fund-balancing capacity are appropriate; conformity of the project’s total investment with balanced funds in medium-term and annual public investment plans; structure of funding sources and capacity to balance public investment funds.

Article 16. Order and procedures for formulation and appraisal of, and decision on, public investment projects of group A, group B or group C in foreign countries

1. For a project managed by a ministry or central body:

a/ Based on the decided investment policy, the minister or head of the central body shall assign the project owner to make a feasibility study report of the project; and form an appraisal council or assign a unit with appraisal function to appraise the feasibility study report;

b/ The project owner shall, based on appraisal opinions, finalize the feasibility study report and submit it to the minister or head of the central body for deciding on investment in the project.

2. For a project managed by a local authority:

a/ Based on the decided investment policy, the chairperson of the concerned People’s Committee shall assign the project owner to make a feasibility study report of the project; form an appraisal council or assign a unit with appraisal function to appraise the feasibility study report;

b/ The project owner shall, based on appraisal opinions, finalize the feasibility study report and submit it to the chairperson of the concerned People’s Committee for deciding on investment in the project.

Article 17. Dossiers for and contents of appraisal of public investment programs

1. A dossier for appraisal of a public investment program must comprise:

a/ A written request for appraisal of a public investment program, which must state necessity of investment in the program; objectives of the program and principal contents of the program’s feasibility study report; and proposal for a competent authority to decide on the program;

b/ The program’s feasibility study report as prescribed in Clause 1, Article 44 of the Law on Public Investment;

c/ Other relevant documents (if any).

2. The required number of sets of dossier for appraisal of a public investment program to be submitted to the appraisal council or agency in charge of appraisal is 10.

3. Contents of appraisal of a national target program or public investment program:

a/ Whether the dossier submitted for appraisal complies with law;

b/ The program’s conformity with the approved investment policy;

c/ Contents of the program’s feasibility study report as specified in Clause 1, Article 44 of the Law on Public Investment;

d/ The program’s conformity with appraised funding sources and fund-balancing capacity; conformity of the program’s total investment with medium-term and annual public investment plans; structure of funding sources from the central budget and local budget and other funding sources; capacity to recover funds and pay debts in case of borrowing loans.

4. In the process of appraising a public investment program based on the contents specified in Clause 3 of this Article, the appraisal council or agency in charge of appraisal shall review the program and compare it with the provisions of the approved investment policy decision; and criteria regarding scale and total investment of the program, including the criterion requiring the fund amount not to exceed the level stated in the investment policy decision;

When necessary to adjust the program investment policy, the adjustment must comply with Article 34 of the Law on Public Investment and Article 11 of this Decree.

Article 18. Dossiers and contents for appraisal of public investment projects

1. A dossier for appraisal of a public investment project without construction components must comprise:

a/ A written request for appraisal of a project, stating necessity of investment in the project; objectives of the project and principal contents of the project’s feasibility study report; and a proposal for a competent authority to decide on the project;

b/ The project’s feasibility study report as prescribed in Article 44 of the Law on Public Investment;

c/ A report of the Vietnam Fatherland Front Committee concerned summarizing opinions of residents in the locality where the project is implemented, for the projects specified in Article 74 of the Law on Public Investment;

d/ Other relevant documents serving the appraisal (if any).

2. A dossier for appraisal of a public investment project with construction components must comply with the construction law and other relevant laws, and contain opinions of residents as mentioned at Point c, Clause 1 of this Article.

3. The required number of sets of dossier for appraisal to be submitted to the appraisal council or agency in charge of appraisal is 10.

4. Contents of appraisal of a public investment project without construction components:

a/ Whether the dossier submitted for appraisal complies with law;

b/ The project’s conformity with the approved project investment policy;

c/ Contents of the project’s feasibility study report as specified in Clause 2, Article 44 of the Law on Public Investment;

d/ Conformity of the project’s total investment with fund-balancing capacity under medium-term and annual public investment plans; structure of investment funding sources, capacity to balance public investment funding sources, and mobilization of other funding sources and resources for implementation of the project; evaluation of expenses for operation, maintenance, repair and overhaul in the process of project operation;

dd/ The project’s spillover effects on the development of sectors, fields, territories and localities; and on generation of budget revenue sources, employment and incomes of local people and improvement of their livelihood; and impacts on the environment and sustainable development.

5. Contents of appraisal of a public investment project with construction components must comply with the construction law, the contents specified in Clause 4 of this Article which are not referred to in the construction law, and other relevant laws.

6. In the process of appraising a public investment project based on the contents specified in Clauses 4 and 5 of this Article, the appraisal council or agency in charge of appraisal shall review the project and compare it with the approved investment policy decision; and criteria regarding scale and total investment of the project, including the criterion requiring the fund amount not to exceed the level stated in the investment policy decision;

When necessary to adjust the project investment policy, the adjustment must comply with Article 34 of the Law on Public Investment and Article 11 of this Decree.

Article 19. Time limits for appraising public investment programs and projects

1. The time limit for appraising a public investment program or project without construction components, counting from the date the agency in charge of appraisal receives a complete and valid dossier, is:

a/ Sixty days, for national target programs;

b/ Forty-five days, for public investment programs (except national target programs);

c/ Forty-five days, for projects of group A; or,

d/ Thirty days, for projects of group B or group C;

In case the dossier is invalid or contents of the feasibility study report of the program or project fail to comply with Article 44 of the Law on Public Investment, within 10 days after receiving the dossier, the appraisal council or agency in charge of appraisal shall send opinions to the appraisal-requesting agency for completion of the dossier or finalization of contents of the report.

2. The time limit for appraising a public investment project with construction components must comply with the construction law.

3. The time limit for carrying out internal appraisal shall be prescribed by ministers, heads of central bodies or chairpersons of People’s Committees at all levels.

4. When necessary to extend the time limit for appraising a program or project, the appraisal council or agency in charge of appraisal shall report it to the authority competent to decide on investment in the program or project for permitting the extension. The extended time limit must not exceed the initial time limit for appraisal specified in Clause 1 of this Article.

Article 20. Dossiers to be submitted to competent authorities for deciding on investment in programs or projects

1. A dossier to be submitted to a competent authority for deciding on investment in a program or project must comprise:

a/ A written request for a competent authority’s decision on investment in a program or project, and the feasibility study report which has been finalized based on appraisal opinions;

b/ The competent authority’s decision on investment policy for the program or project;

c/ A report on appraisal of the feasibility study report;

d/ Other relevant documents (if any).

2. The required number of sets of dossier mentioned in Clause 1 of this Article is 5.

3. A dossier to be submitted to a competent authority for deciding on investment in a project on compensation, support, resettlement and ground clearance which is separated into an independent project under the Law on Public Investment is prescribed as follows:

a/ For projects with construction components, the dossier must comply with the construction law;

b/ For projects without construction components, the dossier must comply with this Decree and relevant regulations;

c/ Projects on compensation, support, resettlement and ground clearance and the other projects separated from national important projects or projects of group A under Clause 1, Article 5 of the Law on Public Investment shall be classified into groups relevant to project groups stated in investment policy decisions.

Article 21. Contents of decisions and time limits for deciding on public investment programs and projects of group A, group B or group C

1. Decisions on public investment programs and projects of group A, group B or group C:

a/ A decision on a public investment program must have the following principal contents: objectives, scope and scale of the program; total fund amount and structure of resources for implementation of the program, covering the list of projects, structure of public investment funds and other funding sources and resources; fund allocation plan and program implementation schedule; relevant expenses in the process of program implementation and expenses for operation after the program is completed; component projects of the program; and implementation organization solutions, etc.;

b/ A decision on a public investment project without construction components must have the following principal contents: name of the project; project owner; project formulation consultant (if any); objectives and scale of investment and project implementation schedule; project location; technological design (if any); technical regulations; total investment; funding sources and expected distribution of funding sources according to schedule; and applicable form of project management organization, etc.;

c/ A decision on a public investment project with construction components must comply with the construction law.

2. The time limit for deciding on investment in a program or project, counting from the date a competent authority receives a complete and valid dossier, is:

a/ Twenty days, for public investment programs;

b/ Fifteen days, for projects of group A;

d/ Ten days, for projects of group B or group C.

3. Within 15 days after the competent authority decides on investment in a program or project:

a/ The ministry or central body and local authority managing the program or project shall, for programs and projects using central budget funds, send the approved decision on investment in the program or project to the Ministry of Planning and Investment and Ministry of Finance;

b/ The agency managing the program or project shall, for programs and projects using local budget funds, send the approved decision on investment in the program or project to the provincial-level Department of Planning and Investment and Department of Finance, and same-level specialized agency in charge of investment management.

Article 22. Order and procedures for formulating and appraising, and deciding on adjustment of, public investment programs and projects of group A, group B or group C

1. The owner of a public investment program or project shall:

a/ Organize the evaluation of the whole process of program or project implementation up to the time of request for adjustment; and report evaluation results to an authority competent to decide on investment;

b/ Assign the specialized agency concerned to prepare a report proposing adjustment of the program or project. This report must state reasons for the adjustment, ensuring compliance with Article 43 of the Law on Public Investment;

c/ Organize internal appraisal of adjustment of the program or project;

d/ Finalize the report proposing adjustment of the program or project and submit it to a competent authority for deciding on the adjustment.

In case the adjustment makes the total investment amount of the program or project higher than the total investment amount stated in the approved investment policy decision, it is required to follow the order and procedures for adjustment of investment policy prescribed in Article 34 of the Law on Public Investment and Article 11 of this Decree before the competent authority decides on the adjustment.

2. Order and procedures for appraising, and deciding on adjustment of, programs:

a/ The order and procedures for appraising, and deciding on adjustment of, national target programs must comply with Clauses 2, 3 and 4, Article 37 of the Law on Public Investment;

b/ The order and procedures for appraising, and deciding on adjustment of, public investment programs for which investment policy is decided by the Government must comply with Clauses 2 and 3, Article 38 of the Law on Public Investment;

c/ The order and procedures for appraising, and deciding on adjustment of, public investment programs for which investment policy is decided by People’s Councils must comply with Clauses 2 and 3, Article 39 of the Law on Public Investment.

3. Order and procedures for appraising, and deciding on adjustment of, projects:

a/ The order and procedures for appraising, and deciding on adjustment of, projects without construction components must comply with Clause 2, Article 40 of the Law on Public Investment;

b/ The order and procedures for appraising, and deciding on adjustment of, projects with construction component must comply with the construction law and other relevant laws.

Article 23. Dossiers, contents and time limits for appraising the adjustment of programs and projects

1. A dossier to be submitted to a competent authority for deciding on adjustment of a program or project must comprise:

a/ A written request for a competent authority’s decision on adjustment of a program or project, which must state the purpose of and reason for adjustment as prescribed in Clause 1 or 2, Article 43 of the Law on Public Investment;

b/ The decision on investment policy for the program or project; decision on adjustment of investment policy for the program or project (if any);

c/ The decision on investment in the program or project; decision on investment in the adjusted program or project (if any);

d/ The report on internal appraisal of the proposal on adjustment of the program or project, and other appraisal reports as specified by law (if any);

dd/ The report on appraisal, examination and evaluation of the program or project implementation as specified in Clause 4, Article 43 of the Law on Public Investment;

e/ Other relevant documents (if any).

2. The required number of sets of dossier to be submitted to an authority competent to decide on investment for adjustment of a program or project must comply with Clause 3, Article 18 of this Decree.

3. Contents of appraisal of the adjustment of a national target program or public investment program:

a/ Whether the dossier submitted for appraisal complies with law;

b/ Contents of the program’s feasibility study report as specified in Clause 1, Article 44 of the Law on Public Investment;

c/ The program’s conformity with the appraised funding sources and fund-balancing capacity; conformity of the program’s total investment with medium-term and annual public investment plans; structure of funding sources from the central budget and local budget and other lawful funding sources; capacity to recover funds and pay debts in case of borrowing loans;

d/ Compliance with the provisions on adjustment of programs of Clauses 1, 3 and 4, Article 43 of the Law on Public Investment and of this Decree.

4. Contents of appraisal for adjustment of a public investment project without construction components:

a/ Whether the dossier submitted for appraisal complies with law;

b/ The project’s conformity with the approved project investment policy;

c/ Contents of the project’s feasibility study report as specified in Clause 2, Article 44 of the Law on Public Investment;

d/ The project’s conformity with the appraised funding sources and fund-balancing capacity; conformity of the project’s total investment with balanced funds in medium-term and annual public investment plans; structure of investment funding sources, capacity to balance public investment funding sources, and mobilization of other funding sources and resources for project implementation; evaluation of expenses for operation, maintenance, repair and overhaul in the process of project operation;

dd/ The project’s spillover effects on the development of sectors, fields, territories and localities; and on generation of budget revenue sources, employment and incomes of local people and improvement of their livelihood; and impacts on the environment and sustainable development;

e/ Compliance with the provisions on adjustment of projects of Clauses 2, 3 and 4, Article 43 of the Law on Public Investment.

5. Contents of appraisal of adjustment of public investment projects with construction components must comply with the construction law, the contents specified in Clause 4 of this Article which are not referred to in the construction law, and relevant regulations.

6. The time limit for appraising the adjustment of public investment projects must comply with Article 19 of this Decree.

Article 24. Contents of decisions and time limits for deciding on adjustment of programs and projects

1. Contents of decisions on adjustment of public investment programs or projects include adjustments to contents of decisions on such programs or projects specified in Clause 1, Article 21 of this Decree.

2. The time limits for deciding on adjustment of programs or projects and for sending decisions on programs or projects and decisions on adjustment of programs or projects to related agencies for summarizing medium-term and annual public investment plans must comply with Clauses 2 and 3, Article 21 of this Decree.

Chapter IV

MANAGEMENT OF PERFORMANCE OF INVESTMENT PREPARATION TASKS AND PLANNING TASKS AND IMPLEMENTATION OF PUBLIC INVESTMENT PROJECTS WITHOUT CONSTRUCTION COMPONENTS

Article 25. Organization of management of performance of investment preparation tasks and planning tasks and implementation of public investment projects without construction components

1. Heads of agencies assigned to formulate the national overall master plan, national marine space master plan, national land use master plan or regional master plans and heads of agencies organizing the formulation of national sectoral master plans or provincial plans shall decide on the forms of organization of management of performance of planning tasks to meet the management requirements and suit specific conditions of such tasks, such as establishing management units, hiring management consultants and assigning units to directly perform the management.

2. Costs of management of performance of planning tasks must comply with the construction law regarding project management costs.

3. Ministers, heads of central bodies, or chairpersons of People’s Committees at all levels shall decide on the forms of organization of management of performance of investment preparation tasks to meet the management requirements and suit specific conditions of such tasks in accordance with relevant specialized laws, such as establishing management units, hiring management consultants and assigning units to directly perform the management.

4. Persons competent to decide on investment in projects without construction components under the Law on Public Investment shall decide on the forms of organization of management of implementation of projects to meet the management requirements and suit specific conditions of such projects in accordance with relevant specialized laws, such as establishing project management units, hiring project management consultants and assigning the project owners to directly perform the management.

5. For projects without construction components which are financed by ODA loans or concessional loans of foreign donors, the forms of organization of their management must comply with ODA treaties or agreements with donors. If such treaties or agreements contain no specific provisions, the organization of management of these projects must comply with Clause 4 of this Article.

6. For emergency projects without construction components:

a/ Authorities competent to decide on investment in emergency projects shall decide on the organization of management of these projects; and organize supervision of implementation of these projects and pre-acceptance test and handover of completed projects in accordance with the law on public investment and other relevant laws;

b/ Authorities competent to decide on investment in projects may authorize project owners to decide on and take responsibility for the organization of management of implementation of the projects from the stage of formulation of a project to the stage of completion and putting of the project into operation and use, and shall take responsibility for such authorization.

Article 26. Project design

1. Authorities competent to decide on investment shall decide on project design plans to ensure the effectiveness of project implementation management, specifically as follows:

a/ One-step design means a detailed design, including documents demonstrated in explanations, diagrams, descriptions of design contents and other technical requirements;

b/ Two-step design consists of a basic design and a detailed design. A basic design includes documents demonstrated in explanations and preliminary diagrams of technical infrastructure designs, and other contents, which can show the design plan. The design of a step must conform to the principal contents and parameters of that of the previous step.

2. Contents of the project design plan specified in Clause 1 of this Article must comply with relevant specialized laws.

3. For projects without construction components which are financed by ODA loans or concessional loans of foreign donors, the number of design steps must comply with ODA treaties or agreements with donors. If such treaties or agreements contain no specific provisions, the number of design steps must comply with Clause 1 of this Article.

Article 27. Contents and determination of total investment of projects

1. Preliminary total investment of a project is the estimated investment cost of such project determined according to the prefeasibility study report, for group-A projects, or according to the investment policy proposal report, for projects of group B or group C.

The preliminary total investment of a project shall be calculated on the basis of size, output or service capacity of such project and investment ratio (if any) or cost data of completed or ongoing projects which are similar in terms of type, size and characteristics, with other costs to be adjusted or added as necessary.

2. Total investment of a project covers all investment costs of such project which are specifically determined according to the one-step design or two-step design specified in Clause 1, Article 26 of this Decree, and other contents of the feasibility study report of the project.

The total investment of a project includes cost of investment preparation; cost of purchase of assets, houses and land; cost of materials, and spare parts or details of machinery; cost of equipment; cost of remuneration and wages; cost of consultancy; cost of contingency for arising work volumes and inflation; cost of management, and other cost items.

3. Breakdowns of costs in the total investment:

a/ Cost of investment preparation;

b/ Cost of purchase of assets, houses and land;

c/ Cost of materials, and spare parts or details of machinery for project implementation;

d/ Cost of equipment, including cost of procurement of equipment and technological equipment, cost of training and technology transfer (if any), cost of installation, testing and calibration, and other relevant costs;

dd/ Cost of wages and remuneration for project implementation;

e/ Cost of freight, insurance, taxes and charges, and other relevant costs;

g/ Cost of consultancy, including cost of consultancy for surveys, formulation of prefeasibility study reports and investment policy proposal reports or feasibility study reports, cost of design, cost of project supervision consultancy, and other relevant consultancy costs (if any);

h/ Cost of contingency, including cost of contingency for arising work volumes and cost of contingency for inflation during the project implementation;

i/ Management cost and other cost items.

4. Sector-based state management agencies shall specify criteria, norms and detailed contents of, and methods of determining, costs as a basis for determining the total investment of projects in the sectors under their management.

5. Methods of determining some specific costs in the total investment of a project are prescribed as follows:

a/ Cost of purchase of assets, houses and land shall be determined on the basis of area, output or service capacity of the project according to the basic design and suitable to the time of calculating total investment and location of the project;

b/ Cost of materials, and spare parts or details of machinery (if any) for implementation of the project shall be calculated on the basis of their quantity and quality according to technical requirements and market prices;

c/ Cost of equipment shall be determined on the basis of quantity and type of equipment or equipment system according to the selected technology, technique and equipment plan, market prices and other relevant costs;

d/ Cost of wages and remuneration shall be determined on the basis of standards, norms, remuneration and wage of workers in accordance with law;

dd/ Cost of freight, insurance, taxes and charges and other relevant costs shall be calculated in accordance with law and freight rates;

e/ Cost of consultancy shall be determined on the basis of consultancy tasks of completed similar projects or by estimating costs of consultancy tasks according to set norms (if any) or market prices;

g/ Cost of contingency for arising work volumes and inflation during the project implementation shall be determined in a percentage (%) of total investment and each specific cost item specified in Clause 3 of this Article;

h/ Cost of management and other costs shall be determined in accordance with law and the characteristics and management organization of the project.

Article 28. Contents and determination of cost estimates of projects

1. Cost estimates of a project cover all necessary costs for implementing such project, which are determined in the project implementation stage according to the approved feasibility study report and design of the project; and for meeting other task requirements.

2. Cost estimates of a project include all the costs specified in Clause 3, Article 27 of this Decree.

3. Cost estimates of a project shall be determined through calculating the costs specified in Clause 3, Article 27 of this Decree at the time of making cost estimates for the project under regulations on criteria, norms and methods issued by competent authorities.

Article 29. Competence to appraise and approve designs and cost estimates of projects

1. For projects managed by ministries, or central bodies, functional units assigned by ministries or central bodies shall assume the prime responsibility for organizing appraisal of designs and investment cost estimates of such projects and submit them to authorities competent to decide on investment in projects for approval, for projects applying one-step design. Project owners shall approve detailed designs and cost estimates for projects applying two-step design. Detailed designs and cost estimates shall be simultaneously approved.

2. For projects managed by provincial-level People’s Committees, functional units assigned by provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with provincial-level specialized management departments in, organizing appraisal of designs and investment cost estimates of such projects and submit them to chairpersons of provincial-level People’s Committees or agencies decentralized or authorized to decide on investment for approval, for projects applying one-step design. Project owners shall approve detailed designs and cost estimates for projects applying two-step design. Detailed designs and cost estimates shall be simultaneously approved.

3. For projects managed by district- or commune-level People’s Committees and projects the investment in which is decided by district- or commune-level People’s Committees as decentralized or authorized by provincial-level People’s Committees, functional units assigned by district- or commune-level People’s Committees shall assume the prime responsibility for appraising designs and investment cost estimates of such projects and submit them to chairpersons of same-level People’s Committees for approval, for projects applying one-step design. Project owners shall approve detailed designs and cost estimates for projects applying two-step design. Detailed designs and cost estimates shall be simultaneously approved.

Article 30. Order, procedures and time limit for appraisal of designs and cost estimates of projects

1. The project owner shall send the design dossier and cost estimate of a project and submit them to the assigned functional unit for appraisal based on the contents specified in Article 31 of this Decree.

2. The assigned functional unit shall assume the prime responsibility for, and coordinate with related agencies in, appraising the contents of the design and cost estimate under Articles 26 and 28 of this Decree. During the appraisal, the unit in charge of appraisal may invite organizations and individuals with relevant expertise and experience to participate in appraising different parts of the design and investment cost estimate of the project.

3. The time limit for the assigned functional unit to appraise the design and investment cost estimate of a project, counting from the date of receiving a complete and valid dossier, is:

a/ Forty days, for group-A projects;

b/ Thirty days, for group-B projects; or,

c/ Twenty days, for group-C projects.

Article 31. Contents of appraisal and approval of designs and cost estimates of projects

1. Contents of appraisal of the design and cost estimate of a project are those prescribed in Articles 26 and 28 of this Decree and Clause 2 of this Article.

2. Contents of approval of the design and cost estimate of a project:

a/ General information about the project: project name, project items (specifying the project’s group); project owner, design contractor; location of project (if any);

b/ Size, technology, technical specifications and major economic and technical targets of the project;

c/ National technical regulations and major standards to be applied;

d/ Main design solutions of project items and the entire project;

dd/ Investment cost estimate of the project;

e/ Requirements on finalization and completion of the design dossier and other contents (if any).

3. Time limit for approval of designs and cost estimates of projects: An authority competent to decide on investment in a project shall approve the design and cost estimate of the project, counting from the date of receiving a complete and valid dossier, within:

a/ Fifteen days, for group-A projects;

b/ Ten days, for group-B projects; or,

c/ Five days, for group-C projects.

Article 32. Dossier for appraisal of the design and cost estimate of a project

1. A written request for appraisal of the design.

2. An explanation about the design and design drawings (if any), relevant survey documents.

3. A copy of the investment policy decision (except projects not subject to approval of investment policy decisions specified in Clause 6, Article 18 of the Law on Public Investment) and investment decision of the project, accompanied with the approved design dossier.

4. The project owner’s sum-up report on the conformity of the design dossier with regulations.

5. The investment cost estimate of the project.

Article 33. Pre-acceptance test of projects before operation and use

1. A project may be put into operation and use after it is completely invested according to the approved design, operates strictly according to technical requirements and is proved to satisfy quality requirements after pre-acceptance test.

2. Depending on specific conditions of a project, each project item or component project or the entire project completed may be handed over for being put into operation and use.

3. The written record of the handover of each project item, component project or the entire project completed shall be used as a basis for the project owner to put the project into operation and use and make final accounts of investment funds of the completed project under regulations.

4. Completed projects are subject to making of their final accounts under regulations.

5. A project handover dossier must comprise project completion documents; operation and use manual; and rules of maintenance of the project.

6. Project investment dossiers shall be submitted for archive in accordance with the law on state archives.

Article 34. Completion of project investment

1. Investment in a project shall be completed when the project owner is handed over the entire project and the project’s warranty period expires under regulations.

2. Before handing over a project, the contractor shall move all of its assets (if any) out of the construction site.

Article 35. Operation of projects

1. After being handed over a project, the project owner or organization assigned to manage the use of the project shall effectively operate the project for proper purposes and according to approved economic-technical targets.

2. The project owner or organization assigned to manage the use of the project shall carry out project maintenance and warranty under regulations.

Chapter V

FORMULATION, APPRAISAL, APPROVAL AND ASSIGNMENT OF MEDIUM-TERM AND ANNUAL INVESTMENT PLANS WITH FUNDS FROM LAWFUL REVENUES OF STATE AGENCIES OR PUBLIC NON-BUSINESS UNITS WHICH ARE RESERVED FOR INVESTMENT

Article 36. Formulation of medium-term investment plans with funds from lawful revenues of state agencies or public non-business units which are reserved for investment

1. Based on the Prime Minister’s regulations and the Ministry of Planning and Investment’s guidance specified in Article 55 of the Law on Public Investment, ministries, central bodies or provincial-level People’s Committees shall guide state agencies and public non-business units using funds from lawful revenues which are reserved for investment to formulate and report medium-term investment plans to the former for summarization and reporting to the Ministry of Planning and Investment and Ministry of Finance for monitoring.

2. State agencies and public non-business units shall organize the formulation of medium-term investment plans with funds from their lawful revenues which are reserved for investment. A medium-term investment plan must have the following contents:

a/ Progress and results of implementation of the plan of the previous  period;

b/ Objectives and orientations for investment structure in the plan for the next period;

c/ Capability of mobilizing and balancing funds from lawful revenues of state agencies or non-business units which are reserved for investment; estimated total investment funds for achieving objectives and performing tasks, including funds for performance of investment preparation tasks, implementation of projects, refund of advanced amounts, and payment of loans that become due;

d/ Total fund amount of the plan of state agencies or public non-business units, which specifies funding amount of each central body or public non-business unit;

dd/ Principles and criteria for allocation of funds under the plan;

e/ List of investment projects in an order of priority suitable to fund balancing capability and project implementation progress;

g/ Expected results.

Article 37. Formulation, appraisal, approval and assignment of annual investment plans with funds from lawful revenues of state agencies or public non-business units which are reserved for investment

1. Based on the Prime Minister’s regulations and the Ministry of Planning and Investment’s guidance specified in Article 56 of the Law on Public Investment, ministries, central bodies or provincial-level People’s Committees shall guide state agencies and public non-business units using funds from lawful revenues which are reserved for investment to formulate and submit annual investment plans to the former for consideration and decision. Contents of a report on an annual investment plan with funds from lawful revenues which are reserved for investment must comply with Article 50 of the Law on Public Investment;

Ministries, central bodies or provincial-level People’s Committees shall summarize annual investment plans with funds from lawful revenues of state agencies or public non-business units which are reserved for investment and send them to the Ministry of Planning and Investment and Ministry of Finance before July 31 of the year preceding the planning year for monitoring.

2. Ministers, heads of central bodies or chairpersons of People’s Committees at all levels shall form appraisal councils or assign specialized agencies in charge of public investment management to appraise annual investment plan reports of state agencies and public non-business.

3. State agencies and public non-business units shall, based on appraisal results specified in Clause 2 of this Article, finalize annual investment plan reports and submit them to ministries, central bodies or People’s Committees at all levels for consideration and decision.

4. Ministers, heads of central bodies or chairpersons of People’s Committees of all levels shall decide on the approval and assignment of annual investment plans with funds from lawful revenues of state agencies or public non-business units which are reserved for investment, including total fund amount and list of investment projects; decide on the adjustment of annual investment plans when necessary as suitable to their capability in accordance with the law on public investment and relevant laws.

5. Ministries, central bodies and provincial-level People’s Committees shall summarize detailed options on allocation, under annual investment plans, of funds from lawful revenues of state agencies and public non-business units which are reserved for investment and send them to the Ministry of Planning and Investment and Ministry of Finance before December 31 of the year preceding the planning year.

Chapter VI

INVESTMENT ORDER AND PROCEDURES FOR SUBJECTS ELIGIBLE FOR ALLOCATION OF PREFERENTIAL LOAN INTEREST-RATE DIFFERENCE SUBSIDIES AND MANAGEMENT FEES; ALLOCATION OF CHARTER CAPITAL FOR POLICY BANKS AND NON-BUDGET STATE FINANCIAL FUNDS; INVESTMENT SUPPORT FOR OTHER POLICY BENEFICIARIES IN ACCORDANCE WITH THE PRIME MINISTER’S DECISIONS

Article 38. Order and procedures for medium-term public investment for allocation of charter capital, preferential loan interest-rate difference subsidies and management fees of policy banks 

1. Contents of a report on a medium-term public investment plan for the allocation of charter capital, preferential loan interest-rate difference subsidies and management fees of a policy bank:

a/ Progress and results of implementation of the previous period’s plan on investment credit and policy-based credit of the policy bank;

b/ Socio-economic development objectives; development orientations, the State-assigned policy-based credit program, the policy bank’s medium-term development strategy, and a tentative preferential credit plan for the next period;

c/ Capability of mobilizing and balancing funding sources for implementation of medium-term investment credit and policy-based credit;

d/ Total fund amount of the medium-term public investment plan funded with the state budget, including charter capital, preferential loan interest-rate difference subsidies allocated, and management fees of the policy bank of the previous period;

dd/ Principles of and criteria for distribution of funds under medium-term public investment plans for allocation of charter capital, preferential loan interest-rate difference subsidies and management fees;

e/ Investment credit and policy-based credit facilitating tasks assigned by the State in the medium term suitable to the capability of balancing public investment funds and mobilizing other lawful funding sources to realize set objectives and tasks;

g/ Management and implementation solutions and expected results.

2. Policy banks shall summarize reports on tentative medium-term public investment plans for the allocation of charter capital, preferential loan interest-rate difference subsidies and management fees based on the contents specified in Clause 1 of this Article for sending to the Ministry of Planning and Investment and Ministry of Finance.

3. The order for formulation, appraisal, approval and assignment of medium-term public investment plans for the allocation of charter capital, preferential loan interest-rate difference subsidies and management fees of policy banks must comply with Clauses 8 and 9, Articles 55, and Article 60, of the Law on Public Investment.

Article 39. Order and procedures for implementing annual public investment plans for allocation of charter capital, preferential loan interest-rate difference subsidies and management fees of policy banks

1. Contents of a report on an annual public investment plan for the allocation of charter capital, preferential loan interest-rate difference subsidies and management fees of a policy bank:

a/ Progress and results of implementation of the previous year’s plan on investment credit and policy-based credit of the policy bank;

b/ Progress of implementation of the previous year’s public investment plan of the policy bank;

c/ Medium-term public investment plan for the allocation of charter capital, preferential loan interest-rate difference subsidies and management fees of the policy bank;

d/ Development orientations and strategy of the policy bank in the planning year;

dd/ A tentative plan on preferential credit;

e/ Tasks to be performed in the planning year suitable to the capability of balancing public investment funds and mobilizing other lawful funding sources;

g/ Demands for state budget funds in the planning year;

h/ Management and implementation solutions and expected results.

2. Policy banks shall summarize reports on tentative annual public investment plans for the allocation of charter capital, preferential loan interest-rate difference subsidies and management fees based on the contents specified in Clause 1 of this Article for sending to the Ministry of Planning and Investment and Ministry of Finance.

3. The order for formulation, appraisal, approval and assignment of annual public investment plans for the allocation of charter capital, preferential loan interest-rate difference subsidies and management fees of policy banks must comply with Articles 56 and 61 of the Law on Public Investment.

Article 40. Allocation of interest-rate difference subsidies for commercial banks

1. The State Bank shall summarize commercial banks’ demands for allocation of interest-rate difference subsidies to implement policies approved by competent authorities in medium-term or annual public investment plans, make a report thereon and send it to the Ministry of Planning and Investment and Ministry of Finance.

2. The order for formulation and appraisal of medium-term and annual public investment plans reported by the State Bank must comply with Articles 55 and 56 of the Law on Public Investment.

Article 41. Order and procedures for implementing medium-term public investment plans for allocation of charter capital of non-budget state financial funds

1. Contents of a report on a medium-term public investment plan for the allocation of charter capital of a non-budget state financial fund:

a/ Progress of implementation and results of management and use of charter capital at the non-budget state financial fund in the previous period;

b/ Orientations, objectives, strategic tasks, socio-economic development plans and relevant sectoral development plans;

c/ Scale of charter capital of the non-budget state financial fund, and assessment of the necessity of the demand for allocation of charter capital at the fund;

d/ Estimated total fund amount and structure of resources, mobilization of other lawful funding sources for allocation of charter capital to the non-budget state financial fund;

dd/ Preliminary analysis and assessment of impacts on relevant sectors upon the allocation of charter capital and calculation of socio-economic benefits;

e/ Implementation solutions and expected results.

2. Order for making a report on a medium-term public investment plan for the allocation of charter capital of non-budget state financial funds:

a/ Based on the Prime Minister’s regulations and the Ministry of Planning and Investment’s guidance specified in Article 55 of the Law on Public Investment, a non-budget state financial fund shall formulate a medium-term public investment plan for the allocation of charter capital and report it to the specialized agency in charge of public investment management of the ministry, central body or locality designated as the fund’s managing agency for consideration;

b/ The specialized agency in charge of public investment management of the ministry, central body or locality shall complete the report on medium-term public investment plans for the allocation of charter capital for attached non-budget state financial funds based on the contents specified in Clause 1 of this Article and include them in a medium-term public investment plan of the ministry, central body or locality for sending to the Ministry of Planning and Investment and Ministry of Finance.

3. The order for formulation and appraisal of medium-term public investment plans for allocation of charter capital of non-budget state financial funds must comply with Article 55 of the Law on Public Investment.

Article 42. Order and procedures for implementing annual public investment plans for allocation of charter capital of non-budget state financial funds

1. Contents of a report on an annual public investment plan for the allocation of charter capital of a non-budget state financial fund:

a/ Progress and results of management and use of the non-budget state financial fund’s charter capital in the year preceding the planning year;

b/ Orientations for allocation of and demands for charter capital of the non-budget state financial fund in the planning year;

c/ Estimated total fund amount and structure of resources and mobilization of other lawful funding sources for allocation of charter capital;

d/ Preliminary analysis and assessment of impacts on relevant sectors upon the allocation of charter capital and calculation of socio-economic benefits of investment;

dd/ Management and implementation solutions and expected results.

2. Order for making a report on implementation of an annual public investment plan for allocation of charter capital of a non-budget state financial fund:

a/ Based on the approved medium-term public investment plan and the Prime Minister’s regulations and the Ministry of Planning and Investment’s guidance specified in Article 56 of the Law on Public Investment, a non-budget state financial fund shall formulate an annual public investment plan for allocation of charter capital and report it to the specialized agency in charge of public investment management of the ministry, central body or locality designated as the fund’s managing agency for consideration;

b/ The specialized agency in charge of public investment management of the ministry, central body or locality shall complete the report on an annual public investment plan for allocation of charter capital for attached non-budget state financial funds based on the contents specified in Clause 1 of this Article and include them in an annual public investment plan of the ministry, central body or locality for sending to the Ministry of Planning and Investment and Ministry of Finance.

3. The order of formulation and appraisal of annual public investment plans for allocation of charter capital of non-budget state financial funds must comply with Article 56 of the Law on Public Investment.

Article 43. Investment support for other policy beneficiaries in accordance with the Prime Minister’s decisions

1. Ministries, central bodies and localities shall, based on tasks assigned by competent authorities, formulate, appraise and submit to the Prime Minister for promulgation decisions on policies, including support mechanisms for use of public investment funds for policy beneficiaries.

2. Order for making and appraising a report on medium-term and annual public investment plans with regard to investment support for policy beneficiaries in accordance with the Prime Minister’s decisions:

a/ Based on the Prime Minister’s regulations and the Ministry of Planning and Investment’s guidance specified in Articles 55 and 56 of the Law on Public Investment, the agency in charge of policy implementation shall formulate medium-term and annual public investment plans with investment support for policy beneficiaries in accordance with the Prime Minister’s decisions and report them to competent authorities for consideration; and send such plans to the Ministry of Planning and Investment and Ministry of Finance;

b/ The order for formulation and appraisal of medium-term and annual public investment plans with regard to investment support for policy beneficiaries in accordance with the Prime Minister’s decisions must comply with Articles 55 and 56 of the Law on Public Investment.

Chapter VII

IMPLEMENTATION, MONITORING, EXAMINATION AND EVALUATION OF PUBLIC INVESTMENT PLANS

Article 44. Responsibilities, competence and measures to organize and administer public investment plans

1. Ministries, central bodies and localities shall take responsibility for completing detailed options on allocation of the central budget-financed annual public investment fund plans, and making the list of projects and fund amount for each project of their attached agencies and units and subordinate People’s Committees before December 31 of the year preceding the planning year; and report to the Ministry of Planning and Investment and Ministry of Finance allocation results before January 10 of the planning year.

2. The Ministry of Planning and Investment shall review reports on allocation of the state budget-financed investment plans of ministries, central bodies and localities. If detecting that funds are allocated not in conformity with the total amount and specific amount for each sector and task of the assigned investment plan funded with the state budget; or detecting non-satisfaction of the requirements prescribed in the law on public investment, the Ministry of Planning and Investment shall send opinions to the concerned ministry, central body or locality within 15 days after receiving the latter’s allocation report and concurrently to the Ministry of Finance and State Treasury for expenditure control.

3. In case a ministry, central body or locality fails to fully allocate funds under the assigned plan, the Ministry of Planning and Investment shall summarize and report such to competent authorities for consideration and retrieval and transfer of the unallocated amount to another ministry, central body or locality before June 30 of the planning year.

4. Ministers and heads of central bodies and localities shall direct and administer solutions to speed up disbursement for annual public investment fund plans in accordance with the Law on Public Investment.

By January 31 of the year following the planning year, if a ministry, central body or locality does neither fully make fund disbursement for its annual public investment plan nor fall into a force majeure event which permits the prolongation of the time for disbursement under this Decree, the Ministry of Planning and Investment shall summarize information and report it to a competent authority for consideration and reduction for the central budget-financed medium-term public investment fund plan of the ministry, central body or locality corresponding to the fund amount neither fully disbursed nor eligible for prolongation of the time for disbursement and cancellation of fund estimates in accordance with the Law on the State Budget.

5.  In the course of administering medium-term public investment plans, competent authorities shall consider and decide on allocation of funds from sources of annual state budget contingency, increased revenues, saved expenditures and central budget remainders for implementation of public investment projects. Before July 31 of the fifth year of a medium-term public investment plan, the Ministry of Planning and Investment shall assume the prime responsibility for summarizing the use of state budget funds that come from sources of annual state budget contingency, increased revenues, saved expenditures and state budget remainders for implementation of public investment projects during the implementation of the medium-term public investment plan for reporting to the Government.

Article 45. Reporting on implementation of and fund disbursement for public investment plans

1. Ministries, central bodies and provincial-level People’s Committees shall make and send a detailed report on the implementation of and fund disbursement for medium-term and annual public investment plans to the Ministry of Planning and Investment and Ministry of Finance, specifically as follows:

a/ Before July 31 of the third year of a medium-term public investment plan, to report on the mid-term implementation of and fund disbursement for the medium-term public investment plan, counted to the end of the second quarter of the third year of such plan;

b/ Before July 31 of the fifth year of a medium-term public investment plan, to report on expected implementation of and fund disbursement for the medium-term public investment plan, counted to the end of the final year of such plan;

c/ Implementation of and fund disbursement for an annual public investment plan:

- Before the 15^th every month, to report on estimated fund disbursement of the whole month and fund disbursement results of the previous month;

- Before the 10^th of the first month of every quarter, to report on the fund disbursement results of the previous quarter;

- Before July 10 of the planning year, to report in detail on accumulated fund disbursement for projects in the first 6 months of the year;

- Before February 28 of the year following the planning year, to report in detail on the disbursed amount of projects of the whole planning year and funds of projects eligible for prolongation of the time for implementation and fund disbursement to the year following the planning year;

Particularly for public investment fund plans under national target programs, to report only on the total of separate funding sources for separate programs;

d/  Adjustment of the central budget-financed annual public investment plans within ministries, central bodies or localities after the issuance of adjustment decisions;

dd/ Other information serving the formulation, monitoring and evaluation of medium-term and annual public investment plans of the country, ministries, central bodies and localities;

e/ The Ministry of Finance shall prescribe reporting regime for and forms of reports on implementation of and disbursement for medium-term and annual public investment fund plans.

2. The Ministry of Finance shall periodically report to the Prime Minister and concurrently to the Ministry of Planning and Investment, specifically as follows:

a/ Every month, every quarter, every year, on a mid-term basis and for the whole 5-year period, to report on the disbursement for the state budget-financed medium-term and annual investment fund plans;

b/ Every 6 months, every year, on a mid-term basis and for the whole 5-year period, to report in detail on the disbursement for investment fund plans for central budget-financed projects. Particularly for public investment fund plans under national target programs, to report only on the total fund for each program.

3. The Ministry of Finance and Ministry of Planning and Investment shall publicize information on monthly disbursement for public investment fund plans funded with the state budget for ministries, central bodies and localities in the mass media.

4. The reporting on implementation of medium-term and annual public investment plans by all levels and sectors in localities must comply with the following provisions:

a/ Specialized agencies in charge of public investment management shall submit to provincial level People’s Committees for promulgation regulations on reporting, information provision and time for reporting medium-term and annual public investment plans of departments, sectors and subordinate People’s Committees in conformity with the provisions on monitoring and evaluation of plans, programs and projects using medium-term or annual public investment funds of the Law on Public Investment, this Decree and localities’ requirements for management and administration of public investment plans;

b/ Departments, sectors and subordinate People’s Committees shall implement the reporting and information provision regime specified at Point a of this Clause.

Article 46. Order and procedures for adjustment of medium-term and annual public investment plans funded with the state budget

1. Ministers, heads of central bodies or chairpersons of provincial-level People’s Committees shall, based on the necessity, requirements on progress for implementation of and fund disbursement for projects, assign specialized agencies in charge of public investment management to review and propose plans to adjust the central budget-financed medium-term and annual public investment plans of their agencies and localities and submit such plans to competent authorities for decision under Article 67 of the Law on Public Investment.

2. People’s Committees at all levels shall, based on the necessity, requirements on  progress of implementation of and fund disbursement for projects, assign specialized agencies in charge of public investment management to review and propose plans to adjust the local budget-financed medium-term and annual public investment plans and submit such plans to competent authorities for decision under Article 67 of the Law on Public Investment.

3. The adjustment of annual investment plans funded with the state budget for projects within a ministry, central body or locality shall be made before November 15 of the planning year.

Article 47. Advance payment of funds for public investment plans

1. In case of having an urgent demand for funds to speed up the implementation of a public investment project, a ministry, central body or locality shall report such to a competent authority prescribed by the Law on the State Budget for permitting the advance payment of funds from the subsequent year’s plan for the implementation of such project which is on the list of medium-term public investment plans decided by a competent authority.

2. The advanced amount from budget fund estimates of the subsequent year must comply with the law on the state budget and not exceed the total fund of the medium-term plan allocated for a project.

Article 48. Prolongation of the time for implementation of and fund disbursement for annual investment plans funded with the state budget

1. The Prime Minister shall decide, for central budget funds, or provincial-level People’s Councils shall decide, for local budget funds, to permit the prolongation of the time for implementation of and fund disbursement for annual public investment plans, which must be no later than December 31 of the subsequent year for:

a/ National important projects;

b/ Projects on compensation, support, resettlement and ground clearance;

c/ Projects that are included in the fund plan to be completed and put into use in the planning year but not included in the subsequent year’s fund plan;

d/ Projects that receive additional investment funds from the sources of annual increased revenues, saved expenditures, state budget remainders, or state budget contingency but for which competent authorities have not permitted fund disbursement in the subsequent year;

dd/ Projects delayed as a result of natural disasters, catastrophes or epidemics or unforeseeable objective reasons while their consequences are impossible to be overcome although necessary measures are taken within capability;

e/ Projects of overseas Vietnamese representative missions and other agencies;

g/ Ministries, central bodies or localities that have only 1 project in the planning year or are unable to adjust plans.

2. Based on a request for prolongation of the time for implementation and disbursement of central budget funds, made by a ministry, central body or locality, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, reporting and proposing it to the Prime Minister for consideration and decision.

Article 49. Principles of monitoring and evaluation of public investment plans

1. Principles of monitoring public investment plans:

a/ Monitoring and systematic update of information and data on the organization and implementation of public investment plans, including the monitoring of programs and projects included in approved public investment plans;

b/ Assurance of accuracy, completeness and truthfulness of information and data and situation and outcomes of implementation of public investment plans.

2. Principles of evaluation of public investment plans:

a/ Being based on objectives and tasks of the approved public investment plans;

b/ Evaluation of socio-economic benefits based on objectives set out in the investment policy decision and investment decision for programs or projects;

c/ Assurance of the objectivity, publicity and transparency and enhancement of accountability in the evaluation of public investment plans;

d/ Close coordination with the Vietnam Fatherland Front Committees at all levels and residential communities in evaluating the implementation of public investment plans.

Article 50. Monitoring, examination and evaluation of implementation of public investment plans

1. Monitoring and examination of implementation of public investment plans:

a/ Monitoring and examination of formulation, appraisal, approval, assignment and implementation of public investment plans must comply with Article 69 of the Law on Public Investment;

b/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding ministries, central bodies and localities in monitoring and examination of medium-term and annual public investment plans in accordance with the law on public investment;

c/ Ministries and central bodies shall, under the Ministry of Planning and Investment’s guidance, monitor the implementation of medium-term and annual public investment plans, including detailed information about the implementation and disbursement of investment projects included in medium-term and annual public investment plans under their management;

d/ Provincial-level People’s Committees shall, under the Ministry of Planning and Investment’s guidance, organize the monitoring of, and guide departments, sectors and subordinate People’s Committees in monitoring the implementation of medium-term and annual public investment plans, including detailed information about the implementation and disbursement of investment projects included in medium-term and annual public investment plans of localities;

dd/ The Ministry of Finance shall monitor and summarize the disbursement of investment projects funded with the state budget.

2. Evaluation of implementation of public investment plans:

a/ Ministries, central bodies and provincial-level People’s Committees  shall evaluate the implementation of medium-term and annual public investment plans under Article 70 of the Law on Public Investment; periodically send a report on evaluation of implementation and outcomes of, and shortcomings and limitations in, medium-term and annual public investment plans to the Ministry of Planning and Investment;

b/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related agencies in, reporting to the Prime Minister the mid-term evaluation of implementation of medium-term public investment plans in the third year of such a plan and whole-term evaluation of implementation of medium-term public investment plans in the final year of such a plan; and evaluation of implementation of annual public investment plans in September of a year and before March 31 of the subsequent year;

c/ Subordinate People’s Committee shall evaluate the implementation of public investment plans under the guidance of the Ministry of Planning and Investment and provincial-level People’s Committees.

Article 51. National information system on public investment and national database on public investment

1. General use regulations:

a/ Information and data collected and stored in the national database on public investment are primary-source information, data and documents of public investment programs and projects. In case data in hard copies and on the System are different, information on the System may serve as a basis for formulation, appraisal and assignment of medium-term and annual public investment plans;

b/ A public investment project without a list and statistics on annual plan assignment on the System may not be disbursed;

c/ Organizations and individuals using the System shall be responsible for accuracy of statistics reported and updated on the System by agencies;

d/ Organizations and individuals using the System shall use the Government’s special-use digital signatures for depositing reports on the System;

dd/ The provisions of this Article do not apply to projects subject to state secret requirements.

2. System user accounts:

a/ User accounts shall be centrally managed on the System developed by the Ministry of Planning and Investment;

b/ Organizations and individuals engaged or involved in public investment activities and management and use of public investment funds may register accounts to use the System. The Ministry of Planning and Investment shall grant accounts based on registration information and functions and tasks of organizations and individuals participating in the System;

c/ Ministries, central bodies and localities shall be granted accounts to use the System for monitoring and updating information related to their public investment programs, projects and plans;

d/ Accounts shall be registered online on the System at https://taikhoan.mpi.gov.vn. Information required to be updated when an account is registered includes:

- Information of the person assigned to manage and use the account: full name; identity card number/citizen identity card number; mobile phone number; and email address;

- Information of the account-using agency: name of the agency; information of the head of the agency: his/her full name, identity card number/citizen identity card number, mobile phone number and email address; and a copy of the decision on establishment of the agency;

dd/ Primary accounts of ministries, central bodies and localities shall be used to verify account registration information of management agencies, project owners and project management units under their respective agencies;

e/ A user shall change the initial password within 1 day after receiving the account and refrain from disclosing the password to others who are not responsible for updating information on the System. In case of changing an account user, the person who receives the account shall change the password and information of the account’s administrator and user on the System.

3. Order and procedures to be carried out on the System:

a/ Formulating, appraising, assigning and adjusting medium-term public investment plans;

b/ Formulating, assigning and adjusting annual public investment plans;

c/ Reporting on the implementation of public investment plans;

d/ Monitoring and evaluating public investment programs and projects;

dd/ Managing, storing and publicizing data in accordance with law.

4. Formulation, appraisal and assignment of medium-term public investment plans funded by the central budget on the System:

a/ The Ministry of Planning and Investment shall notify total estimated public investment fund of ministries, central bodies and localities to serve as a basis for appraising funding sources and fund-balancing capability and deciding on investment policies for programs and projects in the subsequent period under Clause 2, Article 55 of the Law on Public Investment on the System;

b/ Ministries, central bodies and provincial-level People’s Committees shall formulate and finalize medium-term public investment plans under Clauses 4 and 5, Article 55 of the Law on Public Investment for submission to the Ministry of Planning and Investment on the System;

c/ By the end of January 31 of the fifth year of the medium-term public investment plan of the previous period, the Ministry of Planning and Investment shall, based on data submitted to the System by ministries, central bodies and localities, close the System to appraise plans on allocation of medium-term public investment plans funded by the central budget of ministries, central bodies and localities in accordance with regulations. During the appraisal process, such data shall be sent back to ministries, central bodies and localities for completion and submission to the Ministry of Planning and Investment on the System;

d/ Ministries, central bodies and localities shall, based on appraisal opinions of the Ministry of Planning and Investment, finalize medium-term public investment plans for the subsequent period and return them to the Ministry of Planning and Investment on the System;

dd/ The Ministry of Planning and Investment shall, based on the finalized plans of ministries, central bodies and localities on the System, summarize a national medium-term public investment plan and report it to the Government;

e/ The Ministry of Planning and Investment shall notify ministries, central bodies and localities of medium-term public investment plans after they are assigned on the System by the Prime Minister.

5. Assignment of medium-term public investment plans funded by local budgets on the System:

People’s Committees at all levels shall assign specialized agencies in charge of public investment management under their management to update the lists of projects and their fund amounts on the on the System within 14 days after medium-term public investment plans funded by local budgets are assigned.

6. Adjustment of medium-term public investment plans funded by the central budget on the System:

a/ When wishing to adjust medium-term public investment plans funded by the central budget, ministries, central bodies and localities shall report on the implementation thereof and update and submit adjustment proposals  to the Ministry of Planning and Investment on the System;

b/ The Ministry of Planning and Investment shall appraise a plan for adjusting medium-term public investment plans funded by the central budget of ministries, central bodies and localities on the System and report it to a competent authority for consideration and decision;

c/ Once the competent authority has decided on adjustment of medium-term public investment plans funded by the central budget of ministries, central bodies and localities, the Ministry of Planning and Investment shall notify and update the adjusted data on the system.

7. Adjustment of medium-term public investment plans funded by local budgets on the System

People’s Committees at all levels shall assign specialized agencies in charge of public investment management under their respective management to update adjusted contents of medium-term public investment plans funded by local budgets on the System within 7 days after the adjustments are decided.

8. Formulation and assignment of annual public investment plans funded by the central budget on the System

a/ The Ministry of Planning and Investment shall notify on the System the amounts of development investment fund of central budget sources planned to be allocated to ministries, central bodies and localities under the subsequent year’s plan under Clause 7, Article 56 of the Law on Public investment;

b/ Ministries, central bodies and localities shall formulate annual public investment plans under Clauses 6 and 8, Article 56 of the Law on Public Investment on the System ;

c/ The Ministry of Planning and Investment shall summarize and report to the Government  detailed plans on assignment of plans on central budget-funded investment for the subsequent year, the list of, and fund amounts to be allocated to, projects of ministries, central bodies and localities, and monitor the implementation thereof on the System.

9. Formulation and assignment of annual public investment plans funded by local budgets on the System

Based on the plan on annual public investment funded by local budgets approved by a competent authority, People’s Committees at all levels shall formulate and assign plans on annual public investment funded by local budgets on the System.

10. Adjustment of plans on annual public investment funded by the central budget on the System

a/ In case of adjusting plans on annual public investment funded by the central budget falling within the competence of ministers, heads of central bodies or chairpersons of provincial-level People’s Committees: After deciding on adjustment of public investment plans, ministries, central bodies and localities shall update the adjusted data on the System within 7 days after the adjustment decisions are issued;

b/ In case of adjusting plans on annual public investment funded by the central budget falling within the competence of the National Assembly or National Assembly Standing Committee:

- When wishing to adjust public investment plans, ministries, central bodies and localities shall report on the implementation thereof, update and send adjustment proposals to the Ministry of Planning and Investment on the System;

- The Ministry of Planning and Investment shall summarize a proposed plan on adjustment of public investment plans of ministries, central bodies and localities on the System for reporting to competent authorities for consideration and decision;

- After competent authorities have decided on adjustment of public investment plans of ministries, central bodies and localities, the Ministry of Planning and Investment shall notify and update the adjusted data on the System.

11. Adjustment of plans on annual public investment funded by local budgets on the System

People’s Committees at all levels shall assign specialized agencies in charge of public investment management under their respective management to update adjusted contents of plans on annual public investment funded by local budgets on the System within 7 days after the adjustment decision is issued.

12. Reporting on implementation of public investment plans

a/ Owners of public investment projects funded by the state budget shall report codes of units with budget relations of investment projects (for projects of which codes have been granted but not yet been updated on the System), statistics on plan implementation and disbursement of projects in the month (calculated from the 15^th of the preceding month to the 14^th of the reporting month), color scanned copies of project documents, including decisions on investment policy, investment decisions and adjusted investment decisions (if not yet updated on the System or new decisions are issued) for projects before the 18^th of the reporting month;

b/ On the 22^nd day of every month, ministries, central bodies and localities shall report on the System general data on implementation and disbursement of plans on public investment funded by the state budget (calculated from the 15^th of the preceding month to the 14^th of the reporting month) of ministries, central bodies and localities by funding source, and evaluation of implementation and disbursement of state budget-funded investment plans, analysis of achieved results, problems, difficulties, challenges, causes, solutions, and recommendations.

13. Data sharing and synchronization

a/ The Ministry of Planning and Investment shall share and synchronize information on public investment plans assigned on the System with the Treasury and Budget Management Information System (TABMIS) or other application systems of the Ministry of Finance for providing medium-term and annual public investment fund plans of projects that are controlled and paid via the State Treasury in order to support the State Treasury’s spending control;

b/ The Ministry of Finance shall share and synchronize information on disbursement of investment projects that are controlled and paid via the State Treasury on the TABMIS or other application systems of the Ministry of Finance and the Ministry of Planning and Investment’s system for use as a basis for reporting on the implementation of public investment plans of ministries, central bodies and localities.

Chapter III

IMPLEMENTATION PROVISIONS

Article 52. Transitional provisions

1. In case projects, for which investment decisions have been approved and which use funding sources other than public investment funds, switch to use public investment funds for their implementation, approval of investment policy decisions and re-approval of investment decisions shall be carried out in accordance with the Law on Public Investment and relevant laws.

2. Projects for which plans on investment from lawful revenues of state agencies or public non-business units reserved for investment have been assigned by competent authorities must continue complying with such assigned plans. Projects for which formulation and appraisal procedures are completed before the effective date of Law No. 39/2019/QH14 on Public Investment must comply with Clause 3, Article 101 of Law No. 39/2019/QH14 on Public Investment.

3. For medium-term investment plans in the 2016-2020 period and in 2020 that are funded by lawful revenues of state agencies or public non-business units which are reserved for investment, the formulation, appraisal, decision, and adjustment of investment decisions; formulation, appraisal, decision and adjustment of investment decisions for programs and projects; and formulation, appraisal, approval, assignment and adjustment of medium-term and annual fund plans must comply with Law No. 39/2019/QH14 on Public Investment and this Decree.

Article 53. Effect

1. This Decree takes effect on the date of its signing.

2. For projects without construction components, their formulation, appraisal, approval and implementation management must comply with this Decree and relevant specialized laws.

3. To annul Clause 2, Article 6, and Articles 46 and 47, of the Government’s Decree No. 73/2019/ND-CP of September 5, 2019, on management of investment in state budget-funded application of information technology.

4. For state budget-funded information technology projects, the order, procedures and dossiers for formulation, appraisal, investment decision and implementation management must comply with the Government’s Decree No. 73/2019/ND-CP of September 5, 2019, on management of investment in state budget-funded application of information technology.

5. For programs and projects funded by ODA loans or concessional loans of foreign donors, the provisions of this Decree and the Government’s regulations on management and use of ODA loans or concessional loans of foreign donors shall apply. In case there are different regulations on the same issue, the Government’s regulations on management and use of ODA loans or concessional loans of foreign donors prevail.

6. The provisions of this Decree do not apply to the subjects specified in Clauses 3 and 5, Article 101 of Law No. 39/2019/QH14 on Public Investment.

Article 54. Implementation responsibility

1. The Ministry of Planning and Investment shall guide the implementation of the provisions of Article 51 of this Decree.

2. 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
Prime Minister
NGUYEN XUAN PHUC