THEGOVERNMENT
No. 84/2015/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness Hanoi, September 30, 2015 |
DECREE
On investment supervision and evaluation
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 18, 2014 Law on Public Investment;
Pursuant to the June 18, 2014 Law on Construction;
Pursuant to the November 26, 2014 Law on Investment;
At the proposal of the Minister of Planning and Investment,
The Government promulgates the Decree on investment supervision and evaluation.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of regulation and subjects of application
1. Scope of regulation:
a/ This Decree prescribes the supervision and evaluation of investment programs and projects, overall investment supervision and evaluation, and community-based investment monitoring of investment activities in Vietnam and Vietnam’s offshore investment; investment supervision and evaluation expenses, conditions and capacity of organizations and individuals providing consultancy on supervision and evaluation of investment projects; conditions and capacity of institutions providing training in evaluation of investment projects; and powers and responsibilities of agencies, units, organizations and individuals involved in investment supervision and evaluation activities;
b/ The supervision and evaluation of securities investment activities must comply with the securities law;
c/ The supervision and evaluation of investment programs and projects funded with official development assistance (ODA) and concessional loans of foreign donors must comply with this Decree; any differences due to particular use of these funding sources shall be handled in accordance with the law on management and use of ODA and concessional loans of foreign donors.
2. This Decree applies to agencies, units, organizations and individuals responsible for investment supervision and evaluation and agencies, units, organizations and individuals involved in investment activities and investment supervision and evaluation activities.
Article 2.Interpretation of terms
In this Decree, the terms below are construed as follows:
1.Investment supervisionmeans investment monitoring and examination. Investment supervision includes investment program or project supervision and overall investment supervision.
2.Investment program or project monitoringmeans the continuous and periodical updating of information relating to the implementation of an investment program or project; summarization, analysis and assessment of information and proposal of options serving the decision making by management authorities at all levels in order to ensure the implementation of the program or project according to its set objectives and schedule and required quality within the limits of identified resources.
3.Investment program or project examinationmeans planned periodical or irregular activities aiming at examining involved agencies, organizations and individuals in observing regulations on program and project management; identify in time mistakes and weaknesses in the program or project management in accordance with law; propose competent authorities to remedy arising problems in or violations of regulations on program and project management; and supervise the remediation of the identified problems and compliance with remedies.
4.Investment program or project evaluationmeans planned periodical or irregular activities aiming at determining the extent of achievement of specific objectives and targets set under the investment decision or by state-prescribed evaluation standards at a given point of time. Investment program or project evaluation consists of initial evaluation, mid-term or phase-based evaluation, final evaluation, impact evaluation and irregular evaluation.
5.Initial evaluationmeans the evaluation conducted right after the implementation of a program or project starts, aiming to review the program’s or project’s practical situation compared to the time of its approval, so as to take appropriate remedies.
6.Mid-term or phase-based evaluationmeans the evaluation conducted in the middle of the implementation of an approved program or project or after completion of each phase (for a program or project implemented in various phases), aiming at reviewing the implementation of the program or project from its start, so as to propose necessary adjustments.
7.Final evaluationmeans the evaluation conducted right after the program or project is completed, aiming at reviewing the program’s or project’s results and drawing experience.
8.Impact evaluationmeans the evaluation conducted at an appropriate point of time 3 years after the program or project is put into operation, aiming at clarifying the program’s or project’s efficiency, sustainability and socio-economic impacts against its initial objectives.
9.Irregular evaluationmeans the evaluation conducted when arise unexpected problems, difficulties and impacts during the implementation of a program or project.
10.Community-based investment monitoringmeans voluntary activities of residents in communes, wards or townships (below referred to as commune-level localities) to monitor and examine related agencies and units in observing investment management regulations in the investment process; and detect and propose competent state agencies to handle violations of investment regulations (except programs and projects classified as national secrets in accordance with law).
11.Overall investment supervisionmeans the continuous monitoring and planned periodical or irregular examination of the investment process at various levels and in various sectors and localities; and identification and timely correction of wrongdoings and mistakes to ensure efficient investment according to planning and set objectives.
12.Overall investment monitoringmeans the continuous and periodical updating of information relating to investment activities and investment management by various levels, sectors and localities; summarization, analysis and assessment of information and proposal of mechanisms and policies related to investment management.
13.Overall investment examinationmeans planned periodical or irregular activities aiming at examining various levels and sectors in observing investment management regulations; identifying and promptly correcting mistakes and weaknesses to ensure lawful investment management; identifying and proposing competent authorities to remedy arising problems or handling violations of investment management regulations; and supervising the remediation of identified problems and compliance with remedies.
14.Overall investment evaluationmeans planned periodical activities aiming at analyzing and assessing investment results of the entire economy, sectors and localities; determining the extent of achievement against master plans and plans in each period or phase; and analyzing causes affecting investment results and proposing solutions to raising investment efficiency in the subsequent period or phase.
15.Component project of a public investment programmeans a combination of interrelated activities aiming at achieving one or more than one specific objective of the program which are carried out in a specified locality within a certain period of time and based on identified resources.
16.Component project managermeans an agency or organization assigned to manage a component project of a public investment program.
17.Project usermeans an agency or organization assigned to operate a project.
18.Project funded by other sourcesmeans a non-state-funded investment project.
Article 3.Subjects conducting investment supervision and evaluation
1. Agency assigned to make a program investment policy proposal report.
2. Agency assigned to prepare project investment.
3. Program manager, component project managers, project owner, investors.
4. Agency or person competent to decide on investment policy; person competent to decide on investment.
5. Project user.
6. Managing agency, agency representing the state owner.
7. State agency competent to sign contracts on public private partnership projects.
8. Investment registration agency and investment registration certificate-granting agency.
9. Specialized state management agency.
10. Public investment state management agency and investment state management agency.
11. Community investment monitoring board.
Article 4.Principles of investment supervision and evaluation
1. Complying with regulations regarding objects, scope and contents of investment supervision and evaluation.
2. Refraining from obstructing activities of those subject to investment supervision and evaluation.
3. Using standards and criteria and valid dossiers and documents as the basis for supervision and evaluation.
4. Being based on complete, timely, accurate, truthful and transparent information.
5. Comprehensively and consistently considering matters related to the investment process.
6. Being based on sufficient grounds and documents; applying scientific methods suitable to objects and contents of evaluation.
7. Putting forward practical, specific and feasible solutions, proposals and recommendations.
8. Ensuring proper processing, positive response to and systematic filing of supervision and evaluation results.
Chapter II
SUPERVISION AND EVALUATION OF STATE-FUNDED INVESTMENT PROGRAMS AND PROJECTS
Section 1
SUPERVISION AND EVALUATION OF PUBLIC INVESTMENT PROGRAMS
Article 5.Responsibility for supervision of public investment programs
1. The agency assigned to make a program investment policy proposal report shall itself monitor and examine the process of making this report.
2. The program manager and component project managers shall monitor and examine the investment process of the public investment program according to approved contents and targets to ensure achievement of investment objectives and investment efficiency.
3. The managing agency and person competent to decide on investment in a program shall monitor and examine that program within the scope of their management. Examination shall be conducted as follows:
a/ Examination at least once, for an investment program implemented for over 12 months;
b/ Examination upon adjustment of the program which consequently changes the investment location, objectives or scale, or increases the total investment.
4. The state management agency of public investment shall monitor and examine the program within the scope of its management.
5. The agency or person competent to decide on program investment policy shall monitor and examine the investment process according to the contents approved under the decision on program investment policy.
6. The agency or person competent to decide on investment policy, the state management agency of public investment, the managing agency and person competent to decide on program investment policy shall decide on planned or irregular examination of the program.
Article 6.Supervision by agencies assigned to make program investment policy proposal reports and by program managers
1. The agency assigned to make a program investment policy proposal report shall itself monitor and examine the entire process of making this report, and report on the following contents:
a/ Making of the program investment policy proposal report;
b/ Submission of program investment policy for appraisal and approval;
c/ Difficulties and problems arising in the process of making the program investment policy proposal report and their remediation according to competence;
d/ Proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. The program manager shall itself monitor and examine the entire process of making the feasibility study report on the program, and report on the following contents:
a/ Making of the feasibility study report on the program;
b/ Submission of the program for appraisal and approval.
c/ Difficulties and problems arising in the process of making the feasibility study report on the program and their remediation according to competence;
d/ Proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
3. The program manager shall itself monitor and examine the entire implementation process of the program, and report on the following contents:
a/ Management of the program implementation: making of the overall plan and detailed plan for the program implementation; implementation and adjustment of the program implementation plan;
b/ Elaboration and appraisal of, and decision on investment in, component projects of the program;
c/ Program implementation: progress of achieving program objectives; implementation of component projects of the program; value of implemented volume;
d/ Implementation of the investment capital plan: raising of capital for the program; disbursement; outstanding construction capital debt (if any);
dd/ Component project managers’ capacity to organize implementation of component projects of the program and observance of investment management regulations;
e/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
Article 7.Contents of supervision by the managing agency and person competent to decide on program investment
1. Monitoring contents:
a/ Implementation of the prescribed reporting regime by the program manager and component project managers;
b/ Making and appraisal of the program investment policy proposal report;
c/ Formulation and appraisal of, and decision on investment policy on, the program, and decision on program adjustment (if any);
d/ Elaboration and appraisal of, and decision on investment in, component projects of the program, and decision on adjustment of component projects (if any);
dd/ Program implementation: progress of achieving program objectives; implementation of the investment capital plan, disbursement; arising major difficulties and problems affecting the program implementation and remediation results;
e/ Compliance with remedies by the program manager and component project managers;
g/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Observance of regulations in the making of the program investment policy proposal report;
b/ Observance of regulations in the making and appraisal of the feasibility study report on the program;
c/ Observance of regulations in the elaboration and appraisal of, and decision on investment in, component projects of the program, and decision on adjustment of component projects of the program (if any);
d/ Management of the program implementation by the program manager and management of component project implementation by component project managers;
dd/ Related agencies’ and units’ compliance with remedies to identified problems.
Article 8.Contents of supervision by component project managers
1. Monitoring contents:
a/ Elaboration, submission, appraisal and approval of component projects of the program;
b/ Implementation of component projects of the program: elaboration, appraisal and approval of investment projects; implementation of investment projects; implementation of the investment capital plan, disbursement; arising difficulties and problems and remediation results;
c/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Implementation and management of component projects of the program;
b/ Observance of investment management regulations by, and project management capacity of, the project owner;
c/ The project owner’s compliance with remedies to identified problems.
Article 9.Contents of supervision by the state management agency of public investment
1. Monitoring contents:
a/ Implementation of the reporting regime by the program manager and component project managers;
b/ Elaboration, appraisal and approval of program investment policy; formulation and appraisal of, and decision on investment in, the program;
c/ Elaboration, appraisal and approval of component projects of the program;
d/ Program implementation: progress of achieving program objectives; implementation of the investment capital plan, disbursement; arising major difficulties and problems affecting the program implementation and remediation results;
dd/ Compliance with remedies by the program manager and component project managers;
e/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Observance of regulations in the elaboration and appraisal of, and decision on, program investment policy;
b/ Observance of regulations in the elaboration and appraisal of, and decision on investment in, the program and its component projects and decision on adjustment of component projects of the program (if any);
c/ Management and implementation of the program by the managing agency, program manager and component project managers;
d/ Remediation of, and compliance with remedies to, identified problems by related agencies and units.
Article 10.Supervision of investment projects of public investment programs
The supervision of investment projects of a public investment program must comply with Sections 2 and 3 of this Chapter, and Chapters III, IV and V, of this Decree.
Article 11.Evaluation of public investment programs
1. The evaluation of public investment programs shall be conducted as follows:
a/ A public investment program is subject to initial evaluation, mid-term or phase-based evaluation, final evaluation and impact evaluation;
b/ The managing agency and person competent to decide on investment may decide on irregular evaluation of a program when necessary.
2. Responsibility for evaluation of public investment programs:
a/ The program manager shall organize the initial evaluation, mid-term or phase-based evaluation and final evaluation;
b/ The person competent to decide on investment shall organize irregular evaluation and impact evaluation;
c/ The state management agency of public investment and the managing agency shall organize planned evaluation and irregular evaluation of programs under their management.
3. Program evaluation contents must comply with Article 81 of the Law on Public Investment.
Section 2
SUPERVISION AND EVALUATION OF PUBLIC INVESTMENT PROJECTS
Article 12.Responsibility for supervision of public investment projects
1. The agency assigned to prepare project investment shall itself monitor and examine the project investment preparation process.
2. The project owner shall itself monitor and examine the entire project investment process according to approved contents and targets to ensure achievement of investment objectives and investment efficiency.
3. The managing agency and person competent to decide on investment shall monitor and examine projects under their management. Examination shall be conducted as follows:
a/ Examination at least once, for projects implemented for over 12 months;
b/ Examination upon adjustment of a project which consequently changes the investment place, objectives or scale, or increases the total investment.
4. The state management agency of public investment and the specialized management agency shall monitor and examine projects under their management.
5. The agency or person competent to decide on project investment policy shall monitor and examine the project implementation process according to the contents approved under the decision on investment policy.
6. The agency or person competent to decide on investment policy, the state management agency of public investment, the specialized management agency, the managing agency and person competent to decide on investment shall decide on planned or irregular examination of a project.
Article 13.Contents of supervision by the agency assigned to prepare project investment
1. The agency assigned to make a prefeasibility study report or project investment policy proposal report shall itself monitor and examine the entire process of making such report, and report on the following contents:
a/ Making of the prefeasibility study report or project investment policy proposal report;
b/ Submission of program investment policy for appraisal, decision on project investment policy;
c/ Difficulties and problems arising in the process of making the prefeasibility study report or project investment policy proposal report and their remediation according to competence;
d/ Proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. The agency assigned to make the feasibility study report on a project shall itself monitor and examine the entire process of making this report, and report on the following contents:
a/ Making of the feasibility study report on the project;
b/ Submission of the project for appraisal, decision on project investment.
c/ Difficulties and problems arising in the process of making the feasibility study report on the project and their remediation according to competence;
d/ Proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
Article 14.Contents of supervision by project owners, project users
1. The project owner shall itself monitor and examine the entire project implementation process, and report on the following contents:
a/ Management of the project implementation: making of the overall plan and detailed plan for the project implementation; implementation and adjustment of the project implementation plan;
b/ Project implementation: implementation progress; implemented volume and its value; work quality; developments in the project implementation process;
c/ Implementation of the investment capital plan: raising of capital for the project; disbursement (advance, recovery of advances, payment) of capital; final accounts of the completed project; outstanding construction capital debt (if any) and its handling;
d/ The project management unit’s and contractors’ capacity to organize project implementation and observance of investment management regulations;
dd/ Difficulties and problems arising in the project implementation and their remediation according to competence;
e/ Proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. The project user shall itself monitor and examine the entire process of project operation, and report on the following contents:
a/ Management and operation of the project;
b/ Difficulties and problems arising in the project operation and their remediation according to competence;
c/ Proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
Article 15.Contents of supervision by the person competent to decide on investment
1. Monitoring contents:
a/ Implementation of the reporting regime by the agency assigned to prepare project investment, project owner and project user;
b/ Elaboration and appraisal of the project;
c/ Project implementation: implementation progress; implementation of the investment capital plan; disbursement of capital and final accounts of the completed project; outstanding construction capital debt (if any) and its handling; arising difficulties and problems affecting the project implementation and remediation results;
d/ Operation of the project; arising major difficulties and problems affecting the project operation and remediation results;
dd/ Compliance with remedies by the project owner and project user;
e/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Observance of regulations on investment supervision and evaluation; elaboration and appraisal of and decision on investment policy; elaboration and appraisal of and decision on investment project; bidding; compensation for ground clearance and resettlement; use of investment capital and other resources of projects; allocation of investment capital, disbursement, payment and making of final accounts of investment capital; settlement of problems arising during the project implementation; pre-acceptance test before project operation; project management and operation; environmental protection;
b/ Management of project implementation by the project owner and project management unit;
c/ Project implementation progress;
d/ Project management and operation by the project user;
dd/ Compliance with remedies to identified problems by the agency assigned to prepare investment, project owner, project management unit and project user.
Article 16.Contents of supervision by the managing agency and state management agency of public investment
1. Monitoring contents:
a/ Implementation of the reporting regime by the agency assigned to prepare project investment, project owner, person competent to decide on investment, and project user;
b/ Elaboration and submission for appraisal of and decision on project investment policy;
c/ Elaboration and appraisal of and decision on investment project and decision on project adjustment (if any);
d/ Project implementation: implementation progress; implementation of the investment capital plan, disbursement; arising major difficulties and problems affecting the project implementation and remediation results;
dd/ Operation of the project; arising major difficulties and problems affecting the project operation and remediation results;
e/ Compliance with remedies by the agency assigned to prepare investment, project owner, person competent to decide on investment, and project user;
g/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Observance of regulations on investment supervision and evaluation; elaboration and appraisal of and decision on investment policy; elaboration and appraisal of and decision on investment project and decision on project adjustment (if any); bidding; compensation for ground clearance and resettlement; use of investment capital and other resources of projects; allocation of investment capital, disbursement, payment and making of final accounts of investment capital; settlement of problems arising in the project implementation; pre-acceptance test before project operation; project management and operation; environmental protection;
b/ Management of the project implementation by the person competent to decide on investment, project owner and project management unit;
c/ Project implementation progress;
d/ Project management and operation by the project user;
d/ Compliance with remedies to identified problems by the agency assigned to prepare investment, person competent to decide on investment, project owner, project management unit and project user.
Article 17.Contents of supervision by specialized state management agencies
On the basis of their assigned functions, tasks and fields of state management, specialized state management agencies shall supervise public investment projects in accordance with specialized laws.
Article 18.Evaluation of public investment projects
1. Projects shall be evaluated as follows:
a/ National important and group-A projects are subject to initial evaluation, mid-term evaluation, final evaluation and impact evaluation;
b/ Group-B and -C projects are subject to final evaluation and impact evaluation;
c/ In addition to the evaluation prescribed at Points a and b of this Clause, persons competent to decide on investment and the state management agency of public investment may decide on other evaluations prescribed in Clause 4, Article 2 of this Decree when necessary.
2. Responsibility for project evaluation:
a/ Project owners shall organize initial evaluation, mid-term evaluation and final evaluation;
b/ Persons competent to decide on investment shall organize irregular evaluation and impact evaluation.
A person competent to decide on investment may assign the project user or a specialized unit of his/her organization to conduct impact evaluation of a project in which investment is decided by him/her;
c/ The state management agency of public investment shall organize planned evaluation and irregular evaluation of projects under its management.
3. Contents of evaluation of public investment projects must comply with Article 81 of the Law on Public Investment.
Section 3
SUPERVISION AND EVALUATION OF INVESTMENT PROJECTS FUNDED WITH GOVERNMENT-GURANTEED CREDIT, LOANS SECURED WITH STATE ASSETS OR LAND USE RIGHTS VALUE, CAPITAL FROM THE DEVELOPMENT FUND FOR NON-BUSINESS ACTIVITIES AND DEVELOPMENT INVESTMENT CAPITAL OF STATE ENTERPRISES
Article 19.Responsibility for project supervision
1. The project owner shall itself monitor and examine the project investment process according to contents and targets approved under the investment decision.
2. The person competent to decide on investment shall monitor and examine projects under his/her management. Examination shall be conducted as follows:
a/ Examination at least once, for projects implemented for over 12 months;
b/ Examination upon project adjustment which consequently changes the investment location, objectives or scale, or increases the total investment.
3. The agency representing the state owner, agency competent to decide on use of state capital for investment, investment state management agency and specialized management agency shall monitor and examine projects under their management.
4. The agency or person competent to decide on project investment policy shall monitor and examine the investment project implementation according to the contents approved under the decision on investment policy.
5. The agency or person competent to decide on investment policy, the state management agency of investment, the specialized management agency, the agency representing the state owner and the agency competent to decide on use of state capital for investment shall decide on planned or irregular examination of projects.
Article 20.Contents of supervision by project owners
Project owners shall supervise investment projects in accordance with Articles 13 and 14 of this Decree.
Article 21.Contents of supervision by persons competent to decide on investment
Persons competent to decide on investment shall supervise investment projects in accordance with Article 15 of this Decree.
Article 22.Contents of supervision by agencies representing the state owner and agencies competent to decide on use of state capital for investment
1. Agencies representing the state owner shall supervise investment projects in accordance with Article 16 of this Decree.
2. Agencies competent to decide on use of state capital for investment shall review the project implementation and examine project owners in observing regulations on use of state capital for project investment.
Article 23.Contents of investment supervision by the state management agency of investment
1. Monitoring contents:
a/ Implementation of the contents specified in Clause 1, Article 16 of this Decree;
b/ Use of state capital for project implementation.
2. Contents of examination of investment projects must comply with Clause 2, Article 16 of this Decree.
Article 24.Contents of supervision by specialized state management agencies
Based on their assigned functions, tasks and fields of state management, specialized state management agencies shall monitor and examine investment projects in accordance with specialized laws.
Article 25.Project evaluation
1. Projects shall be evaluated as follows:
a/ National important and group-A projects are subject to initial evaluation, mid-term evaluation, final evaluation and impact evaluation;
b/ Group-B projects are subject to final evaluation and impact evaluation;
c/ In addition to the evaluation prescribed at Points a and b of this Clause, persons competent to decide on investment, agencies representing the state owner and the state management agency of public investment may decide on other evaluation prescribed in Clause 4, Article 2 of this Decree when necessary.
2. Responsibility for project evaluation:
a/ Project owners shall organize initial evaluation, mid-term evaluation and final evaluation;
b/ Persons competent to decide on investment shall organize irregular evaluation and impact evaluation.
c/ The state management agency of public investment and agencies representing the state owner shall organize planned evaluation and irregular evaluation of projects under their management.
3. Contents of project evaluation must comply with Article 81 of the Law on Public Investment.
Chapter II
SUPERVISION AND EVALUATION OF PUBLIC PRIVATE PARTNERSHIP INVESTMENT PROJECTS
Article 26.Responsibility for project supervision
1. The agency assigned to prepare project investment shall itself monitor and examine the project investment preparation process.
2. The state agency competent to sign the project contract and the investor shall monitor and examine the project investment process according to approved contents and the project contract.
3. The person competent to decide on investment shall monitor and examine projects under his/her management. Examination shall be conducted as follows:
a/ Examination at least once, for projects implemented for over 12 months;
b/ Examination upon project adjustment which consequently changes the investment place, objectives or scale, or increases the total investment.
4. The agency granting investment registration certificates, the state management agency of public investment and the specialized management agency shall monitor and examine projects under their management.
5. The agency or person competent to decide on project investment policy shall monitor and examine the investment project implementation according to the contents approved under the decision on investment policy.
6. The agency or person competent to decide on investment policy, the state management agency of public investment, the agency granting investment registration certificates, the specialized management agency and the person competent to decide on investment shall decide on planned or irregular examination of projects.
Article 27.Contents of supervision by agencies assigned to prepare project investment
1. The agency assigned to make a project proposal report shall itself monitor and examine the entire process of making this report, and report on the following contents:
a/ Making of the project proposal report;
b/ Submission for appraisal, approval of project proposal;
c/ Difficulties and problems arising in the process of making the project proposal report and their remediation according to competence;
d/ Proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. The agency assigned to make the feasibility study report on a project shall itself monitor and examine the entire process of making this report, and report on the following contents:
a/ Making of the feasibility study report on the project;
b/ Submission for appraisal, approval of the feasibility study report on the project;
c/ Difficulties and problems arising in the process of making the feasibility study report on the project and their remediation according to competence;
d/ Proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
Article 28.Contents of supervision by investors and state agencies competent to sign project contracts
1. The investor shall monitor, examine and report on the performance of the project contract.
2. The agency competent to sign the project contract shall itself monitor, examine and report on the following contents:
a/ Investor selection; project contract negotiation and signing and investment registration;
b/ Project contract performance;
c/ Other contents specified in Article 14 of this Decree.
Article 29.Contents of supervision by persons competent to decide on investment
1. To monitor and examine the investor selection, project contract negotiation and signing and investment registration.
2. To monitor and examine the project contract performance.
3. To implement other contents specified in Article 15 of this Decree.
Article 30.Contents of supervision by the agency granting investment registration certificates and state management agency of investment
1. The agency granting investment registration certificates
a/ To monitor the implementation of investment registration certificates;
b/ To examine contract parties in observing investment management regulations in the project contract performance.
2. The state management agency of investment
a/ To monitor and examine the announcement of the project list;
b/ To monitor the investor selection, contract negotiation and signing and implementation of procedures for grant of investment registration certificates;
c/ To monitor the project contract performance;
d/ To examine the observance of regulations on grant of investment registration certificates;
dd/ To examine contract parties in observing investment management regulations in the project contract performance.
Article 31.Contents of supervision by specialized state management agencies
Based on their assigned functions, tasks and fields of state management, specialized state management agencies shall monitor and examine public private partnership investment projects in accordance with specialized laws.
Article 32.Evaluation of public private partnership investment projects
1. Projects shall be evaluated as follows:
a/ National important and group-A projects are subject to initial evaluation, mid-term evaluation, final evaluation and impact evaluation;
b/ Group-B projects are subject to final evaluation and impact evaluation;
c/ In addition to the evaluation prescribed at Points a and b of this Clause, persons competent to decide on investment, agencies granting investment registration certificates and the state management agency of public investment may decide on other evaluation prescribed in Clause 4, Article 2 of this Decree when necessary.
2. Responsibility for project evaluation:
a/ The state agency competent to sign project contracts shall organize initial evaluation, mid-term evaluation and final evaluation;
b/ The person competent to decide on investment shall organize irregular evaluation and impact evaluation;
c/ The state management agency of public investment shall organize planned evaluation and irregular evaluation of projects under its management.
3. Contents of evaluation of public private partnership investment projects must comply with Article 81 of the Law on Public Investment.
Chapter IV
SUPERVISION AND EVALUATION OF INVESTMENT PROJECTS FUNDED BY OTHER SOURCES
Article 33.Responsibility for project supervision
1. Investors and economic organizations shall themselves monitor and examine projects.
2. The investment registration agency shall monitor and examine projects under its management. Examination shall be conducted at least once for each project.
3. The state management agency of investment and the specialized management agency shall monitor and examine projects under their management.
4. The agency or person competent to decide on project investment policy shall monitor and examine the project implementation according to the contents approved under the decision on investment policy.
5. The agency or person competent to decide on investment policy, the state management agency of public investment, the specialized management agency and the investment registration agency shall decide on planned or irregular examination of projects.
Article 34.Contents of supervision by investors
The investor or economic organization shall itself monitor and examine the project, and report on the following contents:
1. Implementation of procedures to request decision on investment policy and grant investment registration certificates and business registration certificates (if any).
2. Project implementation progress and progress of achievement of project objectives.
3. Progress of investment capital contribution, charter capital, legal capital (for business lines requiring legal capital).
4. Project operation: investment and business results, information on labor, payment to the state budget, investment in research and development, financial status of the enterprise and specialized indicators by field of operation.
5. Observance of prescribed requirements on environmental protection and use of land, natural resources and minerals.
6. Compliance with the investment policy decisions and investment registration certificates (if any).
7. Satisfaction of investment and business conditions, for projects in sectors and industries subject to conditional business.
8. Implementation of investment incentives (if any).
Article 35.Contents of supervision by investment registration agencies
1. Monitoring contents:
a/ Investors’ implementation of the reporting regime;
b/ Project implementation;
c/ Project operation;
d/ Projects’ satisfaction of the requirements on environmental protection and use of land and mineral resources;
dd/ Remediation and compliance with remedies by investors and economic organizations;
e/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Implementation of investment policy decisions and investment registration certificates (if any);
b/ Project implementation progress, including progress of disbursement of investment capital, including loans, and progress of achievement of project objectives;
c/ Investors’ satisfaction of investment conditions or conditions for enjoyment of investment incentives and supports, and fulfillment of commitments (if any);
d/ Observance of investment supervision and evaluation, reporting and statistics regulations;
dd/ Compliance with remedies to identified problems.
Article 36.Contents of supervision by investment state management agencies
1. Monitoring contents:
a/ Investment registration agencies’ implementation of the reporting regime;
b/ Investment registration agencies’ compliance with remedies;
c/ The contents specified in Clause 1, Article 35 of this Decree.
2. Examination contents:
a/ Conformity of investment projects with socio-economic development master plans;
b/ Grant, modification and revocation of investment registration certificates by investment registration agencies under law;
c/ Incentives for investment projects;
d/ Investment supervision, evaluation and support after the grant of investment registration certificates;
dd/ Performance of the focal-point agencies’ function of summarizing reports on project implementation under regulations;
e/ The contents specified in Clause 2, Article 35 of this Decree.
Article 37.Contents of supervision by specialized state management agencies
1. Monitoring contents:
a/ Investors’ implementation of the reporting regime under specialized laws;
b/ Investors’ compliance with remedies;
c/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Conformity of investment projects with sectoral development master plans and land use master plans;
b/ Observance of regulations on environmental protection and use of land and mineral resources (if any);
c/ Compensation, ground clearance and land recovery;
d/ Application and observance of specialized laws to projects.
Article 38.Evaluation of investment projects using other funding sources
1. Responsibility for project evaluation:
a/ Investors and economic organizations that implement projects subject to investment policy decision shall conduct final evaluation;
b/ Investment registration agencies and investment state management agencies shall conduct irregular evaluation and impact evaluation when necessary.
2. Contents of final evaluation:
a/ Evaluation of the results of achievement of objectives, mobilized resources, implementation schedule, and benefits of projects;
b/ Proposals and recommendations.
3. Contents of impact evaluation:
a/ Actual operation of projects;
b/ Socio-economic impacts and benefits of projects;
c/ Proposals and recommendations.
4. Contents of irregular evaluation:
a/ Project implementation results against investment objectives;
b/ Extent of completed work compared to contents of investment policy decisions or investment registration certificates (if any);
c/ Identification of unexpected problems (if any) and causes;
d/ Impacts of unexpected problems on the project implementation and achievement of project objectives;
dd/ Proposals and recommendations.
Chapter V
SUPERVISION AND EVALUATION OF OFFSHORE INVESTMENT PROJECTS
Article 39.Responsibility for supervision of offshore investment projects
1. Investors, persons competent to decide on investment in projects and agencies representing the state owner shall monitor and examine the investment process of projects according to approved contents and targets under investment decisions.
2. Investment state management agencies and specialized state management agencies shall monitor and examine projects within the scope of their management.
3. Agencies or persons competent to decide on investment policy for projects shall monitor and examine the implementation of projects based on approved contents under investment policy decisions.
Article 40.Contents of supervision by investors
Investors shall themselves monitor and examine projects, and report on:
1. Carrying out of procedures for making business investment overseas.
2. Project implementation: implementation progress, progress of achieving project objectives, raising and transfer of investment capital abroad, and mobilization and use of state funds for offshore investment (if any).
3. Project operation: business investment results, financial situation of economic organizations established overseas to implement the project; retention of profits for reinvestment or investment in new projects, and transfer of profits back to Vietnam; fulfillment of financial obligations toward the Vietnamese State; and employment of Vietnamese workers.
4. Compliance with contents of offshore investment registration certificates.
5. Satisfaction of offshore investment conditions, for offshore investment projects in the fields of banking, securities, insurance, and science and technology.
Article 41.Contents of supervision by persons with investment-deciding competence and agencies representing the state owner for projects using state funds for offshore investment
1. Monitoring contents:
a/ Investors’ implementation of the reporting regime;
b/ Project implementation: implementation progress, progress of achievement of project objectives, and progress of transfer of investment capital abroad; and management, use, preservation and development of the State’s investment capital under regulations;
c/ Business investment results and financial situation of economic organizations established overseas to implement the project, and transfer of profits back to Vietnam;
d/ Investors’ observance of remedies;
dd/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Project implementation progress;
b/ Observance of the law on the use of state funds for offshore investment;
c/ Compliance with contents of offshore investment registration certificates;
d/ Observance of the law on the transfer of investment capital abroad, sending of Vietnamese workers abroad, transfer of profits back to Vietnam, and supervision and evaluation of offshore investment projects;
dd/ Compliance with remedies to identified problems.
Article 42.Contents of supervision by investment state management agencies
1. Monitoring contents:
a/ Investors’ implementation of the reporting regime;
b/ Project implementation: implementation progress, progress of achieving project objectives, and progress of transfer of investment capital abroad;
c/ Summarization of offshore investment results;
d/ Investors’ observance of remedies;
dd/ Reporting on and proposed plans to remedy difficulties and problems and deal with matter falling beyond the agencies’ competence.
2. Examination contents:
a/ Project implementation progress;
b/ Implementation of investment policy decisions, offshore investment registration certificates, and other provisions of the law on offshore investment;
c/ Compliance with remedies to identified problems.
Article 43.Contents of supervision by specialized state management agencies
Based on their assigned functions, tasks and state management fields, specialized state management agencies shall supervise offshore investment projects as follows:
1. Monitoring contents:
a/ Implementation of projects within the scope and fields of management: project implementation progress, achievement of project objectives, progress of transfer of investment capital abroad, and raising and use of state funds for offshore investment (if any);
b/ Summarization of offshore investment activities within the scope and fields of management;
c/ Satisfaction of offshore investment conditions, for offshore investment projects in the fields of banking, securities, insurance, and science and technology;
d/ Investors’ compliance with remedies;
dd/ Reporting on and proposed plans to remedy difficulties and problems and deal with matters falling beyond competence.
2. Examination contents:
a/ Observance of regulations in the transfer of investment capital abroad, use of state funds for offshore investment, sending of Vietnamese workers abroad, and transfer of profits back to Vietnam, and other regulations on offshore investment;
b/ Compliance with remedies to identified problems.
Article 44.Evaluation of offshore investment projects
1. Responsibility for project evaluation:
a/ Investors shall evaluate final evaluation;
b/ Agencies representing the state owner, persons with investment-deciding competence, specialized state management agencies and investment state management agencies shall conduct irregular evaluation and impact evaluation when necessary.
2. Contents of final evaluation:
a/ Evaluation of project implementation results against offshore investment registration certificates: results of achievement of project objectives; mobilized resources; project implementation schedule; and economic efficiency of projects;
b/ Proposals and recommendations.
3. Contents of impact evaluation:
a/ Actual operation and investment efficiency of the project: business investment results and financial situation of economic organizations established overseas to implement the project; profits of the project and transfer of profits back to Vietnam; fulfillment of financial obligations toward the Vietnamese State; and employment of Vietnamese workers;
b/ Proposals and recommendations.
4. Contents of irregular evaluation:
a/ Consistency of project implementation results with investment objectives;
b/ Extent of completed work against contents of offshore investment registration certificates;
c/ Identification of unexpected problems (if any) and causes;
d/ Impacts of unexpected problems on the project implementation and achievement of project objectives;
dd/ Proposals and recommendations.
Chapter VI
OVERALL INVESTMENT SUPERVISION AND EVALUATION
Article 45.Responsibility for overall investment supervision and evaluation
1. Investment state management agencies shall conduct overall investment supervision, examination and evaluation within the scope of their management.
2. Specialized state management agencies shall conduct overall investment supervision, examination and evaluation in the sectors and fields under their management.
3. Investment registration agencies shall conduct overall investment supervision, examination and evaluation within the scope of management.
4. Enterprises with over 50% charter capital held by the State shall perform overall supervision, examination and evaluation of their investment.
Article 46.Contents of overall investment supervision
1. Promulgation of documents guiding the policies and laws concerning investment according to competence.
2. Formulation, appraisal, approval and implementation management of master plans.
3. Formulation, appraisal and approval of investment policies.
4. Implementation of public investment plans under Article 77 of the Law on Public Investment.
5. Formulation, appraisal, approval and implementation of public-private partnership investment projects.
6. Formulation, appraisal, approval and implementation of investment projects using government-guaranteed credit capital, loans secured with state assets or land use rights value, capital from non-business activity development funds, or development investment capital of state enterprises.
7. Management of investment projects using other funding sources:
a/ Attraction of investment, carrying out of procedures for investment policy decision and grant of investment registration certificates, and management of implementation of investment projects of foreign investors and foreign-invested economic organizations;
b/ Carrying out of procedures for investment policy decision and management of implementation of investment projects funded with domestic private capital.
8. Organization of investment supervision and evaluation.
Article 47.Contents of overall investment examination
1. Implementation of documents guiding the policies and laws concerning investment.
2. Implementation progress and observance of regulations in the formulation, appraisal, approval and implementation management of master plans.
3. Implementation progress and observance of regulations in the formulation, appraisal and approval of investment policy.
4. Implementation of public investment plans under Article 77 of the Law on Public Investment.
5. Implementation progress and observance of regulations in the formulation, appraisal, approval and implementation of public-private partnership investment projects.
6. Implementation progress and observance of regulations in the formulation, appraisal, approval and implementation of investment projects using government-guaranteed credit capital, loans secured by state assets or land use rights value, capital from non-business activity development funds, or development investment capital of state enterprises.
7. Implementation progress and observance of regulations in the management of investment projects using other funding sources.
8. Organization of investment supervision and evaluation.
Article 48.Contents of overall investment evaluation
1. Summarization, analysis and assessment of investment activities and results of the entire economy based on the criteria of investment scale, speed, structure, progress and efficiency.
2. Assessment of achievements against approved master plans and plan tasks or against the previous period’s achievements; assessment of the feasibility of approved master plans and plans.
3. Assessment of public investment plans under Article 78 of the Law on Public Investment.
4. Overall evaluation of investment management.
5. Identification of factors and causes affecting the investment situation and results; proposal of solutions to raising investment efficiency in the subsequent period or plan period.
Chapter VII
COMMUNITY-BASED INVESTMENT MONITORING
Article 49.The community’s right to monitor investment
1. Citizens have the right to monitor investment projects through community investment monitoring boards; the order, procedures and process for community-based investment monitoring must comply with Article 83 of the Law on Public Investment, and this Decree.
2. A community investment monitoring board may:
a/ Request competent state management agencies to provide information on socio-economic development master plans, sectoral development master plans, land use master plans and plans, infrastructure development master plans, detailed plans on construction of urban centers, residential areas and industrial parks, and relevant investment plans in communes in accordance with law;
b/ Request related state management agencies to give replies on issues under their management in accordance with law;
c/ Request program or project managers to give replies and provide information serving investment monitoring: investment decision; information about project owner, project management unit and contact address; investment schedule and plan; land area and use; detailed plan on construction site and architectural plan; compensation, ground clearance and resettlement plan; and plan on waste disposal and environmental protection.
For investment programs and projects implemented with the community-contributed capital and labor and projects using commune budget funds or funds provided by organizations and individuals directly for communes, their managers shall, in addition to complying with the above contents, provide information on technical processes and norms, types and norms of materials, and results of pre-acceptance test and final accounts of works.
d/ Competent state management agencies and program or project managers shall provide the documents mentioned at Points a, b and c of this Clause to the community investment monitoring board.
3. To propose competent authorities to suspend investment in and operation of a project in the following cases:
a/ When detecting signs of law violation during the implementation of projects which seriously affect production, security, socio-cultural affairs or the living environment of the community;
b/ The program or project manager fails to public announce information on the investment program or project as prescribed by law.
4. To report on the results of community-based investment monitoring to state agencies and propose remedies.
5. The Ministry of Planning and Investment shall provide specific guidance on conditions, order, procedures, and compensation (if any) upon suspension or stoppage of investment projects, for uniform application nationwide.
Article 50.Contents of community-based investment monitoring
1. Contents of community-based investment monitoring for public investment programs and projects, public-private partnership investment projects and investment projects using government-guaranteed credit capital, loans secured by state assets or land use rights value, capital from non-business activity development funds or development investment capital of state enterprises:
a/ Monitoring and examining the consistency of investment policy decisions or investment decisions with socio-economic development master plans, land use master plans or plans, relevant master plans and investment plans in the communes in accordance with law;
b/ Monitoring and examining project owners’ observance of regulations on landmarks and land use; detailed plans on construction sites and architectural and construction plans; waste disposal and environmental protection; compensation, ground clearance and resettlement plans; and investment schedule and plans;
c/ Detecting activities that harm community interests or adverse impacts of projects on the community’s living environment during the investment in or operation of projects;
d/ Detecting acts that cause waste or loss of funds or assets of projects;
dd/ Monitoring the publicity and transparency of investment.
2. The contents of community-based investment monitoring for investment projects using other funding sources must comply with Points a, b, c and dd, Clause 1 of this Article.
3. Contents of community-based investment monitoring for investment programs and projects with community-contributed capital and labor, and projects using commune budget funds or funds provided by organizations and individuals directly for communes:
a/ The contents specified in Clause 1 of this Article;
b/ Monitoring and examining the compliance with technical processes and norms and norms and types of materials as prescribed; monitoring and examining the results of pre-acceptance test and financial accounts of works.
Article 51.Organization of community-based investment monitoring
1. The commune-level Vietnam Fatherland Front Committee shall:
a/ Form a community investment monitoring board for every program or project. The board shall be composed of at least 5 members, including representatives of the commune-level Vietnam Fatherland Front Committee and the People’s Inspection Board and representatives of commune residents;
b/ Work out a plan on community-based investment monitoring for programs and projects to be implemented in the commune and notify this plan and composition of each community investment monitoring board to the program or project manager and the program or project management unit at least 45 days before such plan is implemented;
c/ Guide the community investment monitoring boards in preparing investment monitoring programs and plans in accordance with law and this Decree; and assist these boards in communication and information work and making and sending community-based investment monitoring reports;
d/ Guide and mobilize the community to actively exercise the right to supervise investment in accordance with this Decree;
dd/ Give certification in reports and petitions of the community investment monitoring boards before they are sent to competent agencies.
2. The chairperson of the commune-level People’s Committee shall, based on the commune’s practical conditions, arrange a working place for the community investment monitoring boards to hold meetings and store documents serving community-based investment monitoring; and allow the use of communication media of the commune-level People’s Committee for community-based investment monitoring.
3. A community investment monitoring board shall:
a/ Conduct monitoring under the set program or plan; receive information from citizens for forwarding to competent management agencies in accordance with this Decree; receive replies from competent management agencies to citizens’ petitions and inform citizens of these replies;
b/ Regularly or irregularly report on the results of community-based investment monitoring to the commune-level Vietnam Fatherland Front Committee.
Chapter VIII
INVESTMENT SUPERVISION AND
EVALUATION EXPENSES
Article 52.Expenses and funding sources for investment supervision and evaluation
1. Investment supervision and evaluation expenses include all expenses necessary for agencies, organizations and individuals to supervise and evaluate investment in accordance with this Decree.
2. Funding sources for investment supervision and evaluation:
a/ Expenses for investment supervision and evaluation conducted by state management agencies shall be covered by non-business funds and regular funds for investment supervision and evaluation work under annual plans of agencies and units performing this task;
b/ Expenses for investment supervision and evaluation conducted by agencies assigned to prepare investment in programs or agencies assigned to prepare investment in projects shall be included in investment preparation expenses for these programs or projects;
c/ Expenses for investment supervision and evaluation conducted by program managers, project owners, investors, or state agencies competent to sign project contracts themselves or by hired consultants must equal 20% of expenses for program or project management and be included in the programs’ or project’s total investment;
d/ Expenses for investment supervision and evaluation conducted by users shall be included in project operation expenses;
dd/ Expenses for community-based investment monitoring shall be covered by commune budget funds under annual plans of commune-level Vietnam Fatherland Front Committees.
3. Agencies, organizations and individuals that are assigned to supervise and evaluate investment under this Decree and use state budget funds or other funding sources for investment supervision and evaluation shall use such funds properly, economically and efficiently under the State’s current regulations on financial management and this Decree.
Article 53.Specific investment supervision and evaluation expenses
1. Expenses for supervision of investment programs and projects
a/ Expense for purchase of stationery, supplies and equipment directly serving the supervision;
b/ Expense for communication directly serving the supervision;
c/ Expense for photocopying, typewriting and sending documents and reports;
d/ Administrative expense for meetings and conferences;
dd/ Expense for preparing periodical reports as prescribed;
e/ Expense for organizing training courses;
g/ Expense for establishment, updating and operation of the information system on investment supervision and evaluation for state-funded programs and projects, and the national information system on investment.
2. Expenses for examination of investment programs and projects
a/ Expense for purchase of stationery, supplies and equipment directly serving the examination;
b/ Expense for communication directly serving the examination;
c/ Expense for photocopying, typewriting and sending documents and reports;
d/ Administrative expense for meetings and conferences;
dd/ Expense for travel and charges for carried luggage and documents (if any) serving the examination; and accommodation allowance or rent for persons on business trips;
e/ Expense for preparing examination reports.
3. Expenses for evaluation of investment programs and projects
a/ Expense for purchase of stationery, supplies and equipment directly serving the evaluation;
b/ Expense for communication directly serving the evaluation;
c/ Expense for photocopying, typewriting and sending documents and reports;
d/ Administrative expense for meetings and conferences;
dd/ Expense for travel and charges for carried luggage and documents (if any) serving the evaluation; and accommodation allowance or rent for persons on business trips;
e/ Expense for preparing evaluation reports;
g/ Expense for hiring experts and consultants.
4. Expenses for overall investment supervision and evaluation
a/ Expense for purchase of stationery, supplies and equipment directly serving the overall investment supervision and evaluation;
b/ Expense for communication directly serving the overall investment supervision and evaluation;
c/ Expense for photocopying, typewriting and sending documents and reports;
d/ Administrative expense for meetings and conferences;
dd/ Expense for travel and charge for carried luggage and documents (if any) serving the overall investment supervision and evaluation; and accommodation allowance or rent for persons on business trips;
e/ Expense for preparing overall investment examination reports;
g/ Expense for preparing overall investment supervision and evaluation reports;
h/ Expense for hiring experts and consultants.
5. Expenses for operation of the information system on investment supervision and evaluation of state-funded programs and projects and the national information system on investment.
6. Expenses for support for community-based investment monitoring
a/ Expense for stationery and communication serving community-based investment monitoring;
b/ Expense for photocopying, typewriting and sending documents and reports on community-based investment monitoring;
c/ Administrative expense for meetings and conferences on community-based investment monitoring;
d/ Expense for organizing training courses on community-based investment monitoring;
dd/ Responsibility remuneration for community investment monitoring board members.
Article 54.Management and use of investment supervision and evaluation funds
1. The management and use of investment supervision and evaluation funds by public investment program or public investment project managers must comply with regulations on management of expenses for investment programs and projects.
2. The management and use of investment supervision and evaluation funds by persons with investment-deciding competence, owners of projects using government-guaranteed credit capital, loans secured by state assets or land use rights value, capital from non-business activity development funds or development investment capital of state enterprises, and state agencies competent to sign and perform public-private partnership contracts, must comply with Clause 1 of this Article.
3. Management and use of investment supervision and evaluation funds by investors in projects using other funding sources: Investors shall themselves manage and use funding sources for investment supervision and evaluation in accordance with regulations on management of investment capital of projects.
4. Management and use of investment supervision and evaluation funds by competent state management agencies:
a/ Annually, state management agencies with investment supervision and evaluation competence shall work out plans and estimates of non-business expenses and regular expenses for investment supervision and evaluation. These estimates shall be made based on investment supervision and evaluation plans and expenses specified in Article 53 of this Decree and norms under current regulations;
b/ Investment supervision and evaluation expenses shall be managed under competent agencies’ regulations on management and use of non-business expenses and regular expenses or the Law on the State Budget;
c/ If competent state management agencies hire consultants to evaluate investment programs or projects, the management of expenses for such hiring is the same as management of consultancy service charges. The advance payment and payment of expenses for consultants must comply with current regulations on management of the allocation and payment of investment capital for investment and construction consultancy organizations.
5. Management and use of funds for community-based investment monitoring
a/ Funds for community-based investment monitoring in communes shall be included in expenditure estimates of commune-level Vietnam Fatherland Front Committees and covered by commune budget funds. The level of expenses for community-based investment monitoring in a commune shall be decided by the commune People’s Council based on the community-based investment monitoring plan, and must be at least VND 5 million/year.
The estimation, allocation, payment and finalization of funds for community investment monitoring boards must comply with regulations on management of commune-level budget funds and other financial activities;
b/ Expenses for public information work, organization of training courses, and guidance on, and review of, community-based investment monitoring activities in districts and provinces shall be included in expenditure estimates of district- and provincial-level Vietnam Fatherland Front Committees and covered by district and provincial budget funds.
6. The estimation and management of expenses for investment supervision and evaluation must comply with current regulations.
Chapter IX
CAPACITY CONDITIONS OF ORGANIZATIONS AND INDIVIDUALS PROVIDING INVESTMENT PROJECT EVALUATION CONSULTANCY
Article 55.Capacity conditions on individuals providing investment project evaluation consultancy
1. Individuals providing investment project evaluation consultancy shall be classified into class 1 and class 2.
2. Capacity conditions on class-2 individuals providing investment project evaluation consultancy
a/ Possessing a university or higher degree;
b/ Having participated in investment management for at least 5 years;
c/ Having participated in evaluation, or preparation of feasibility study reports, or verification, appraisal or management, of at least 5 investment projects;
d/ Having completed a training course on investment supervision and evaluation and obtained a certificate from a lawful training institution of Vietnam or a foreign country, or being named in the list of investment project evaluation trainers as prescribed at Point c, Clause 3, Article 58 of this Decree.
3. Capacity conditions on class-1 individuals providing investment project evaluation consultancy
a/ Possessing a university or higher degree;
b/ Having satisfied the criterion for class-2 individuals providing investment project evaluation consultancy for at least 3 years, or having participated in investment management for at least 8 years;
c/ Having participated in evaluation, or preparation of feasibility study reports, or verification, appraisal or management, of at least 2 investment projects of group A or national importance;
d/ Having completed a training course on investment supervision and evaluation and obtained a certificate from a lawful training institution of Vietnam or a foreign country, or being named in the list of investment project evaluation trainers as prescribed at Point c, Clause 3, Article 58 of this Decree.
4. Scope of operation
a/ Class-2: being eligible to provide consultancy on evaluation of investment projects of groups B and C;
b/ Class-1: being eligible to provide consultancy on evaluation of investment projects of national importance and projects of groups A, B and C.
Article 56.Capacity conditions on persons in charge of providing investment project evaluation consultancy
1. Persons in charge of providing investment project evaluation consultancy shall be classified into class 1 and class 2.
2. Capacity conditions on class-2 persons in charge of providing investment project evaluation consultancy
a/ Satisfying the conditions on class-2 individuals providing investment project evaluation consultancy as prescribed in Clause 2, Article 55 of this Decree;
b/ Having taken charge of providing evaluation consultancy or compiling feasibility study reports for, or appraising or verifying, or having acted as head of the management unit, of at least 5 projects.
3. Capacity conditions on class-1 persons in charge of providing investment project evaluation consultancy
a/ Satisfying the conditions on class-1 individuals providing investment project evaluation consultancy as prescribed in Clause 3, Article 55 of this Decree;
b/ Having taken charge of providing evaluation consultancy or compiling feasibility study reports for, or appraising or verifying, or having acted as head of the management unit, of at least 2 projects of group A or national importance.
4. Scope of operation
a/ Class-2: being eligible to take charge of providing consultancy on evaluation of investment projects of groups B and C;
b/ Class-1: being eligible to take charge of providing consultancy on evaluation of investment projects of national importance and projects of groups A, B and C.
Article 57.Capacity conditions on organizations providing investment project evaluation consultancy
1. Organizations providing investment project evaluation consultancy shall be classified into class 1 and class 2.
2. Capacity conditions on class-2 organizations providing investment project evaluation consultancy
a/ Having at least 5 persons who fully meet the capacity conditions for providing investment project evaluation consultancy, at least 1 of whom fully satisfies the conditions on class-2 persons in charge of providing investment project evaluation consultancy as prescribed in Clause 2, Article 56 of this Decree;
b/ Having a charter capital of at least VND 1 billion.
3. Capacity conditions on class-1 organizations providing investment project evaluation consultancy
a/ Having at least 5 persons who fully meet the capacity conditions on class-1 individuals providing investment project evaluation consultancy, at least 1 of whom fully satisfies the conditions on class-1 persons in charge of providing investment project evaluation consultancy as prescribed in Clause 3, Article 56 of this Decree;
b/ Having a charter capital of at least VND 1 billion.
4. Scope of operation of organizations providing investment project evaluation consultancy
a/ Class 2: being eligible to provide consultancy on evaluation of investment projects of groups B and C;
b/ Class 1: being eligible to provide consultancy on evaluation of investment projects of national importance and projects of groups A, B and C.
Article 58.Capacity conditions on institutions providing investment project evaluation training
1. To provide investment project evaluation training, an institution must satisfy the following conditions:
a/ Having the legal entity status and the operation function compliant with law;
b/ Having at least 5 investment project evaluation trainers who satisfy the conditions specified in Clause 3 of this Article;
c/ Having teaching materials compliant with the framework curricula prescribed by the Ministry of Planning and Investment;
d/ Being registered in the list of the Ministry of Planning and Investment-managed institutions providing investment project evaluation training.
2. A dossier for registration of an institution providing investment project evaluation training must comprise:
a/ Certified true copy of the business registration certificate or establishment decision;
b/ Documents proving the institution’s capacity, such as physical foundations and personnel, and documents related to the training management process;
c/ Written request and slip of information for registration of the institution, made according to set forms.
3. An investment project evaluation trainer must satisfy the following conditions:
a/ Possessing a university or higher degree;
b/ Having at least 8 years’ experience in investment project evaluation consultancy; formulation, appraisal and verification of investment projects; state management of investment; or elaboration of legal documents and documents guiding the formulation, appraisal, evaluation and management of investment projects;
c/ Being registered in the list of the Ministry of Planning and Investment-managed investment project evaluation trainers.
4. A dossier for registration of an investment project evaluation trainer must comprise:
a/ Certified true copy of the identity card or passport;
b/ Certified true copy of the graduate or postgraduate diploma;
c/ Written request and slip of information for registration of the trainer, made according to set forms.
5. The Ministry of Planning and Investment shall detail and guide the management of investment supervision and evaluation training.
Chapter X
ORGANIZATION OF INVESTMENT SUPERVISION AND EVALUATION
Article 59.Responsibilities of the Ministry of Planning and Investment in investment supervision and evaluation
In the capacity as the focal point assisting the Prime Minister in organizing investment supervision and evaluation, the Ministry of Planning and Investment shall:
1. Guide, monitor, summarize and report on investment supervision and evaluation activities nationwide to the Prime Minister.
2. Organize overall investment supervision and evaluation nationwide.
3. Monitor and evaluate programs and projects subject to investment policy decision by the Prime Minister, the Government or the National Assembly.
4. Supervise and evaluate projects which fall within its deciding competence (including projects decentralized and authorized to lower-level authorities for investment decision).
5. Supervise and evaluate projects for which it has granted investment registration certificates.
6. Propose the Prime Minister or related ministries, sectors and localities solutions to problems in investment activities of sectors and localities or for specific projects in order to ensure investment progress and efficiency.
7. Consider, give opinions on, or settle issues which fall within the ambit of its functions and tasks as requested by other ministries, sectors, localities and project managers.
8. Build and operate the information system serving investment supervision and evaluation.
9. Perform other tasks related to investment supervision and evaluation as requested by the Government or the Prime Minister.
Article 60.Responsibilities of ministries and ministerial-level agencies in investment supervision and evaluation
1. To conduct overall investment supervision and evaluation in the sectors and fields under their management.
2. To supervise and evaluate projects which fall within their deciding competence (including projects decentralized and authorized to lower-level authorities for investment decision).
3. To supervise and evaluate investment projects of enterprises under their management with over 50% charter capital held by the State.
4. To supervise and evaluate public-private partnership investment projects in the capacity as state agencies competent to sign contracts.
5. To conduct specialized supervision and assessment of the satisfaction of business investment conditions by investment projects falling within their competence.
6. To coordinate with the Ministry of Planning and Investment in conducting planned supervision and evaluation of programs and projects subject to investment policy decision by the Prime Minister, the Government or the National Assembly in the fields under their management.
7. To settle proposals of ministries, sectors, localities and project owners, on the issues within the ambit of their functions and tasks.
8. To give opinions on, or settle, issues falling within the ambit of their functions and tasks as requested by other ministries or sectors, localities, project owners or investors.
9. To report on overall investment supervision and evaluation in the sectors and fields under their management and on supervision and evaluation of investment projects falling within their deciding competence under regulations.
10. To fully, timely and accurately update information and reports into the information system as prescribed in Clause 14, Article 68 of this Decree.
Article 61.Responsibilities of provincial-level People’s Committees in investment supervision and evaluation
1. To conduct overall investment supervision and evaluation within the scope of their management.
2. To supervise and evaluate projects falling within their deciding competence (including projects decentralized or authorized to lower-level authorities for investment decision).
3. To supervise and evaluate investment projects of enterprises under their management in which the State holds more than 50% of charter capital.
4. To supervise and evaluate projects for which they have granted investment registration certificates.
5. To supervise and evaluate public-private partnership investment projects in the capacity as the state agency competent to sign contracts.
6. To supervise the observance of land use master plans and plans and environmental protection by projects in their localities; to give opinions on or timely settle problems on ground compensation and land use within the scope of their functions and tasks as requested by ministries, sectors or project owners.
7. To recommend the Prime Minister or ministries or sectors on matters related to local investment activities or locally managed projects in order to timely settle difficulties and problems to ensure investment schedule and efficiency.
8. To report on overall investment supervision and evaluation within the scope of their management, and supervision and evaluation of investment projects falling within their deciding competence under regulations.
9. To fully, timely and accurately update reported information on the information systems specified in Clause 14, Article 68 of this Decree.
Article 62.Responsibilities of investment registration agencies in investment supervision and evaluation
1. To conduct overall investment supervision and evaluation within the scope of their management.
2. To report on overall investment supervision and evaluation and supervision and evaluation of investment projects under their management according to regulations.
3. To fully, timely and accurately update reported information on the information systems specified in Clause 14, Article 68 of this Decree.
Article 63.Responsibilities of enterprises in which the State holds more than 50% of charter capital in investment supervision and evaluation
1. To conduct overall investment supervision and evaluation within the scope of their management.
2. To supervise and evaluate projects they are competent to make investment decisions and projects under their management.
3. To report on overall investment supervision and evaluation and supervision and evaluation of investment projects under their management under regulations.
4. To fully, timely and accurately update reported information on the information systems prescribed in Clause 14, Article 68 of this Decree.
Article 64.Responsibilities of program managers, project owners, project users and investors in investment project supervision and evaluation
1. Managers of public investment programs, owners and users of public investment projects and owners of projects funded with government-guaranteed credit, loans secured with state assets or land use rights value, capital from non-business operation development funds or development investment capital of state enterprises, shall:
a/ Supervise and evaluate their programs or projects according to this Decree;
b/ To develop project supervision and evaluation frameworks before commencing projects;
c/ To set up internal information systems, collect and preserve information, data, dossiers, books and documents of projects, contractor reports, information on changes of the State’s laws and policies and donors’ regulations related to project implementation management (for ODA-funded projects);
d/ To timely report problems falling beyond their competence to superior management agencies for remediation;
dd/ To make project supervision and evaluation reports under regulations;
e/ To fully, timely and accurately update reported information on the information systems prescribed in Clause 14, Article 68 of this Decree;
g/ To be held responsible for the reported contents and take responsibility in accordance with law if reporting or providing untruthful information on their investment activities.
2. Investors have the following responsibilities:
a/ To supervise and evaluate their projects according to this Decree;
b/ To set up internal information systems, collect and preserve information, data, dossiers, books and documents of their projects and contractor reports relating to project implementation management;
c/ To timely report problems falling beyond their competence to management agencies for remediation;
d/ To make project supervision and evaluation reports according to regulations;
dd/ To update fully, timely and accurately reported information on the information system prescribed in Clause 14, Article 68 of this Decree;
e/ To be held responsible for reported contents and take responsibility if reporting or providing untruthful information on their investment activities.
Article 65.Organization of investment supervision and evaluation
1. Each ministry or sector shall assign an attached unit (departmental level) to act as the focal point in performing the ministry’s or sector’s investment supervision and evaluation tasks and guide investment supervision and evaluation for other attached units and projects decentralized or authorized by the ministry or sector to lower-level units.
2. Provinces and centrally run cities shall assign provincial-level Planning and Investment Departments to act as the focal points in performing investment supervision and evaluation tasks of localities and guide investment supervision and evaluation for attached authorities and units and projects decentralized or authorized by provincial-level People’s Committees to lower-level authorities.
4. Program managers, project owners and project users shall assign project management units or designate a section to regularly perform investment supervision and evaluation tasks for projects under their management.
5. Investors shall assign project enterprises or designate a section to regularly perform investment supervision and evaluation tasks for projects under their management.
6. In case an agency concurrently plays the role of two or more of the following: state management agency in charge of public investment, state management agency in charge of investment, specialized state management agency, managing agency, agency representing the state owner, investment registration agency, agency competent to make investment decision, state agency competent to sign contracts, program manager, project owner or project user, investment supervision and evaluation shall be conducted as follows:
a/ The unit acting as the focal point shall perform all investment supervision and evaluation tasks of the agency. Particularly, investment supervision and evaluation tasks to be performed in the capacity of program manager or project owner or project user shall be assigned to an unit representing the program manager, project owner or project user;
b/ Investment supervision and evaluation shall be conducted on the basis of integrating all investment supervision and evaluation tasks to be performed by the subjects concerned.
7. The units specified in Clauses 1 thru 6 of this Article shall conduct investment supervision and evaluation in the following forms:
a/ Conducting investment program and project supervision and evaluation and overall investment evaluation by themselves;
b/ Hiring consultants and consultancy organizations to conduct investment program and project supervision and evaluation and overall investment evaluation.
8. Persons competent to make investment decision on projects shall decide on whether project owners are allowed to hire qualified consultants or consultancy organizations to evaluate investment projects.
9. The hiring of consultants and consultancy organizations to conduct investment program and project evaluation and overall investment evaluation must comply with the bidding law.
Article 66.Tasks and powers of agencies and units conducting investment supervision and evaluation
1. Agencies and units assigned to conduct investment supervision and evaluation shall assist ministries, sectors, People’s Committees of all levels, enterprises and investors in investment supervision and evaluation, and have the following specific tasks:
a/ To work out investment monitoring, examination and evaluation plans and organize investment monitoring, examination and evaluation within the scope of their assigned responsibilities;
b/ To designate sections and staff members to take charge of investment program and project monitoring, examination and evaluation and overall investment monitoring, examination and evaluation;
c/ To build systems for provision and preservation of information on investment activities within their ministries, sectors and localities or investment projects under their management (for project owners);
d/ To collect related reports and information serving investment monitoring, examination and evaluation on a case-by-case basis under regulations;
dd/ To consider and analyze information and reports and make investment supervision and evaluation reports as prescribed and submit them to competent authorities.
2. Agencies and units conducting investment supervision and evaluation have the following powers:
a/ To request investment supervision and evaluation-conducting agencies and units at relevant levels to make reports under regulations and provide additional information and documents related to investment supervision and evaluation contents when necessary;
b/ When necessary, to exchange opinions by phone or during field trips with related investment supervision and evaluation-conducting agencies and units at relevant levels, project owners and investors to clarify contents related to investment monitoring, examination and evaluation. Field trips must follow set work plans and agendas and be notified in advance to related agencies and units;
c/ If detecting serious violations during the course of investment supervision and evaluation, to propose competent authorities to adjust projects when necessary or annul investment decisions or suspend the implementation of investment projects. To report violations of regulations on investment supervision and evaluation committed by project owners, investors, and related agencies and units to competent authorities and propose remedies suitable to the seriousness of violations.
Article 67.Methods and order of investment supervision and evaluation
1. Investment program or project monitoring and overall investment monitoring shall be conducted by the following methods:
a/ Continuous on-site monitoring;
b/ Monitoring through periodical reporting and irregular reporting upon request;
c/ Monitoring through reporting combined with on-site monitoring on a regular or irregular basis.
2. Program managers, project owners and investors shall continuously monitor the implementation of their investment programs and projects and take responsibility for the accuracy and timeliness of reported information.
3. Persons competent to make investment decision and competent state management agencies shall monitor investment programs and projects and conduct overall investment monitoring on the basis of summarizing, analyzing and assessing information reported by program managers, project owners, investors, and related agencies and units.
When necessary, they may make field trips to clarify relevant information.
4. The examination and evaluation of investment programs and projects and overall investment examination and evaluation shall be conducted by the following methods:
a/ Reporting;
b/ Forming examination or evaluation teams.
5. Order of monitoring an investment program or project
a/ Developing and adjusting the program or project supervision and evaluation framework;
b/ Identifying information needs and monitoring indicators;
c/ Making a monitoring plan;
d/ Setting up an organizational structure to support monitoring work;
dd/ Preparing tools and an information technology system to support the program or project monitoring.
e/ Collecting and analyzing data;
g/ Making monitoring reports under regulations.
6. Order of examining an investment program or project
a/ Making and submitting an examination plan for approval;
b/ Forming an examination team (if any);
c/ Notifying the examination plan and requesting the preparation of documents serving the examination. The time for an examined subject to prepare documents is at least 20 days after receiving a request for preparation of documents;
d/ Conducting the examination. The period for the inspection team to conduct an on-site examination is at most 20 days;
dd/ Summarizing and reporting on examination results. The period for summarizing and reporting on examination results is at most 20 days;
e/ Notifying examination results and wrapping up the examination within 10 days after receiving the examination team’s report.
7. Order of evaluating an investment program or project
a/ Making and submitting an evaluation plan for approval;
b/ Forming an evaluation team (if any);
c/ Notifying the evaluation plan and requesting preparation of documents serving the evaluation;
d/ Making brief descriptions of the to-be-evaluated program or project (developing and adjusting the program or project evaluation framework);
dd/ Preparing a detailed evaluation plan;
e/ Collecting and analyzing data;
g/ Making an evaluation report.
8. Order of overall investment monitoring
a/ Identifying information needs and monitoring indicators;
b/ Making a monitoring plan;
c/ Setting up an organizational structure to support monitoring work;
d/ Preparing tools and information technology systems to support overall investment monitoring;
dd/ Collecting and analyzing data;
e/ Making a monitoring report under regulations.
9. Order of overall investment examination
a/ Making and submitting an examination plan for approval;
b/ Forming an examination team (if any);
c/ Notifying the examination plan and requesting preparation of documents serving the examination. The period for an examined subject to prepare documents is at least 30 days after receiving a request for preparation of documents;
d/ Conducting the examination. The period for conducting an on-site examination by the examination team is at most 30 days;
dd/ Summarizing and reporting on examination results. The period for summarizing and reporting on examination results is at most 30 days;
e/ Notifying examination results and wrapping up the examination within 10 days after receiving the examination team’s report.
10. Order of overall investment evaluation
a/ Identifying objectives, scope and contents of evaluation;
b/ Making and submitting an evaluation plan for approval;
c/ Forming an evaluation team (if any);
d/ Notifying the evaluation plan and requesting preparation of documents serving the evaluation;
dd/ Collecting and analyzing data;
e/ Making an evaluation report;
g/ Notifying evaluation results.
Article 68.Reporting on investment supervision and evaluation
1. The Ministry of Planning and Investment shall summarize and report to the Prime Minister on overall investment supervision and evaluation on a biannual and annual basis, including overall supervision and evaluation of projects of national importance and group A nationwide.
2. Ministries, sectors, localities, state economic groups and the State Capital Investment Corporation shall make and send to the Ministry of Planning and Investment the following reports:
a/ Biannual and annual reports on overall investment supervision and evaluation;
b/ Annual reports on overall offshore investment supervision and evaluation.
3. Investment registration agencies shall make and send to provincial-level People’s Committees biannual and annual reports on investment supervision and evaluation.
4. Agencies assigned to make investment policy proposal reports or pre-feasibility study reports for public investment programs and projects shall make and send to persons or agencies competent to decide on investment policy, managing agencies and units acting as focal points in investment supervision and evaluation the following reports:
a/ Periodical supervision and evaluation reports: quarter I, half-year, quarter III and whole-year;
b/ Report on supervision and evaluation before submitting program or project investment policy decisions.
5. Agencies assigned to make feasibility study reports for public investment programs and projects shall make and send to persons competent to make investment decision, managing agencies and units acting as focal points in investment supervision and evaluation the following reports:
- Periodical supervision and evaluation reports: quarter I, half-year, quarter III and whole-year;
- Supervision and evaluation report before submitting program or project investment decisions.
6. Managers of public investment programs and owner of public investment projects shall make and send to persons competent to make investment decision, managing agencies and units acting as the focal point in investment supervision and evaluation the following reports:
a/ Periodical supervision and evaluation reports: quarter I, half-year, quarter III and whole-year;
b/ Supervision and evaluation report prior to program or project commencement;
c/ Supervision and evaluation report prior to program or project adjustment;
d/ Supervision and evaluation report upon program or project completion;
dd/ Evaluation report of investment programs or projects implemented by themselves;
e/ For national important programs and projects, group-A projects and projects funded with targeted transfers from the central budget, program managers or project owners shall also send to the Ministry of Planning and Investment biannual and annual supervision and evaluation reports and the reports specified at Point b, c and d of this Clause.
7. Public investment project users shall make and send to persons competent to make investment decision and agencies acting as the focal point in investment supervision and evaluation the following reports:
a/ Annual report on supervision and evaluation of the project operation during the period from the time the project is put into operation to the time a project impact assessment report is available;
b/ Project impact assessment report.
8. Owners of projects funded with government-guaranteed credit, loans secured by state assets or land use rights value, capital from non-business operation development funds or development investment funds of state enterprises, shall make and send to their managing agencies, persons competent to make investment decision and units acting as the focal point in investment supervision and evaluation the following reports:
a/ Periodical investment supervision and evaluation report: quarter I, haft-year, quarter III and whole-year;
b/ Supervision and evaluation report prior to project commencement;
c/ Supervision and evaluation report prior to project adjustment;
d/ Evaluation report of projects implemented by themselves;
dd/ Supervision and evaluation report prior to project operation commencement (for group-C projects);
e/ For projects of national importance and group A, project owners shall concurrently send to the Ministry of Planning and Investment biannual and annual reports and the reports specified at Points b, c, d and dd of this Clause.
9. Investors implementing public-private partnership projects shall make and send to persons competent to make investment decision and agencies granting investment registration certificates the following reports:
a/ Periodical supervision and evaluation reports: quarter I, half-year, quarter III and whole-year;
b/ Supervision and evaluation report prior to project construction commencement;
c/ Supervision and evaluation report prior to project adjustment;
d/ Evaluation report of projects implemented by themselves;
dd/ Supervision and evaluation report prior to project operation commencement (for group-C projects);
e/ For projects of national importance and group A, investors shall concurrently send to the Ministry of Planning and Investment biannual and annual reports and the reports specified at Points b, c, d and dd of this Clause.
10. Investors implementing projects using other capital sources shall make and send to investment registration agencies and agencies acting as the focal point in investment supervision and evaluation of the localities where their projects are implemented the following reports:
a/ Periodical supervision and evaluation reports: Biannual and annual reports;
b/ Final evaluation report (if any);
c/ Supervision and evaluation report prior to project construction commencement (for projects ineligible for grant of an investment registration certificate);
d/ Supervision and evaluation report prior to project operation commencement (for projects ineligible for grant of an investment registration certificate).
11. Investors of offshore investment projects shall make and send to the Ministry of Planning and Investment, the State Bank of Vietnam, the Ministry of Finance, agencies representing the state owner, People’s Committees of the provinces or centrally run cities where they are headquartered, and Vietnamese representative missions in host countries the following reports:
a/ Periodical supervision and evaluation report: biannual and annual reports;
b/ Supervision and evaluation report prior to project adjustment (in case of adjusting projects, giving rise to a need for modification of investment registration certificates);
c/ Final evaluation report.
12. State Treasuries at all levels:
a/ Quarterly and annually, the Central State Treasury shall report to the Ministry of Finance and the Ministry of Planning and Investment on the disbursement of capital for state-funded investment programs and projects;
b/ Quarterly and annually, provincial-level State Treasuries shall report to provincial-level Departments of Finance and Departments of Planning and Investment on the disbursement of capital for state-funded investment programs and projects in their localities.
13. Community-based investment monitoring reporting
a/ Quarterly, community investment monitoring boards shall report to commune-level Vietnam Fatherland Front Committees on the community-based investment monitoring of programs and projects in their localities. In the course of monitoring, if detecting violations or if having other proposals concerning programs and projects, community-based investment monitoring boards shall summarize and report them to commune-level Vietnam Fatherland Front Committees for forwarding to related agencies;
b/ Annually, commune-level Vietnam Fatherland Front Committees shall summarize and make reports on results of community-based investment monitoring activities in their localities and send such reports to commune-level People’s Councils and People’s Committees and district- and provincial-level Vietnam Fatherland Front Committees;
c/ Annually, district-level Vietnam Fatherland Front Committees shall summarize and make reports on community-based investment monitoring activities in their localities and send such reports to provincial-level Departments of Planning and Investment, provincial-level People’s Committees and People’s Councils, and the Ministry of Planning and Investment.
14. Individuals, organizations and agencies specified in Clauses 1 thru 11 of this Decree shall fully, timely and accurately update reported information on:
a/ The information system on supervision and evaluation of state-funded investment programs and projects, for public investment programs and projects; public-private partnership investment projects; investment projects using government-guaranteed credit capital, loans secured by state assets or land use rights value, capital from non-business operation development funds or development investment funds of state enterprises using the information system on supervision and evaluation of investment in state-funded programs and projects;
b/ The national investment information system, for investment projects funded with other capital sources and offshore investment projects.
15. Individuals, organizations and agencies specified in Clauses 1 thru 12 of this Article shall make irregular reports when requested.
16. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related agencies in:
a/ Building and operating the information systems mentioned in Clause 14 of this Article;
b/ Guiding the management, operation, exploitation and use of these systems;
c/ Evaluating the operation of these systems by local and central state management agencies in charge of investment.
Article 69.Investment supervision and evaluation reporting deadlines and contents
1. Reporting deadlines applicable to program managers, project owners and investors:
a/ Fifteen days prior to project construction commencement;
b/ Before submitting adjustments to programs or projects;
c/ Fifteen days prior to project operation commencement;
d/ The 10thof the first month of the subsequent quarter, for quarterly reports;
dd/ July 10thof the reporting year, for bianual reports;
e/ February 10thof the subsequent year, for annual reports.
2. Reporting deadlines applicable to investment registration agencies:
a/ July 20th, for biannual reports;
b/ February 20thof the subsequent year, for annual reports.
3. Reporting deadlines applicable to State Treasuries:
a/ The 10thof the first month of the subsequent quarter, for quarterly reports;
b/ July 10thof the reporting year, for biannual reports;
c/ February 10thof the subsequent year, for annual reports.
4. Reporting deadlines applicable to ministries, sectors, localities, state economic groups and the State Capital Investment Corporation:
a/ July 10th, for biannual reports;
b/ March 1stof the subsequent year, for annual reports.
5. Deadlines for submitting community-based investment monitoring reports:
a/ Community investment monitoring boards shall send reports before the 10thof the first month of the subsequent quarter;
b/ Commune-level Vietnam Fatherland Front Committees shall send annual reports before February 10thof the subsequent year;
c/ Provincial-level Vietnam Fatherland Front Committes shall send annual reports before February 20thof the subsequent year.
6. The Ministry of Planning and Investment shall ssubmit to the Prime Minister:
a/ Biannual investment supervision and evaluation reports before August 31stof the reporting year;
b/ Annual investment supervision and evaluation reports before March 31stof the subsequent year.
7. Report contents must comply with relevant provisions in Chapters II, III, IV, V, VI and VII of this Decree.
8. Investment supervision and evaluation reports shall be made according to the forms set by the Ministry of Planning and Investment.
Article 70.Handling of investment supervision and evaluation results
1. Ministries, sectors and localities shall consider and timely deal with arising problems and recommendations of investment supervision and evaluation agencies, program managers, project owners, project users, and investors on matters falling under their powers and responsibilities within 15 days after receiving written requests from related parties, and be held responsible for the handling of matters falling under their competence or the reporting of those falling beyond their competence to superior authorities.
2. When deciding to make investment in programs and projects, competent authorities shall base themselves on the results of supervision and evaluation of the program or project preparation.
3. When adjusting programs and projects, competent authorities shall base themselves on the results of program or project inspection and evaluation upon adjustment according to this Decree.
4. Investment supervision and evaluation results shall be used as a basis for competent authorities to select program managers, project owners and investors.
5. Program and project impact evaluation results shall be used as a basis for competent authorities to consider and decide to expand the programs or projects or invest in similar programs or projects.
Article 71.Handling of violations in investment supervision and evaluation
1. Agencies, organizations and individuals that cover up violations shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensation in accordance with law.
2. The sanctioning of administrative violations in investment supervision and evaluation must comply with the law on sanctioning of administrative violations in the planning and investment sector.
3. For public investment programs and projects, projects funded with government-guaranteed funds, loans secured with state assets or land use rights value, or capital from non-business operation development funds or development investment funds of state enterprises, if program managers or project owners fail to comply with the reporting regime, heads of agencies and units acting as program managers or project owners, directors of project management units and officers in charge of investment supervision and evaluation shall face:
a/ Reprimand, if failing to make reports for 2 consecutive reporting periods;
b/ Warning, if failing to make reports for 3 consecutive reporting periods.
4. For violations of the reporting regime, investment projects may be included in capital allocation plans and receive capital only after they serve their sanctions according to Clauses 2 and 3 of this Article and supplement information or reports under regulations.
5. Competent authorities may adjust investment policy, adjust investment programs or projects, and modify investment registration certificates only after conducting investment supervision and evaluation according to this Decree.
6. Handling of violations of investment management regulations in the course of investment supervision and evaluation
a/ Agencies conducting investment supervision and evaluation shall promptly report violations of investment mangement regulations under their management to competent authorities for handling under regulations;
b/ If intentionally covering up violations of investment management regulations, agencies conducting investment supervision and evaluation shall be jointly held responsible before law for such violations and their consequences.
7. Annually, on the basis of reports and recommendations of agencies acting as the focal point in investment supervision and investment, ministries, sectors and localities shall consider and decide to handle program managers, project owners and investors that violate regulations on investment supervision and evaluation in the following forms:
a/ Reprimand and warning;
b/ Replacing program managers or project owners;
c/ Not assigning other projects to violators.
8. Annually, the Ministry of Planning and Investment shall:
a/ Propose forms of handling ministries, sectors and localities that fail to make overall investment supervision and evaluation reports or fail to comply with regulations on deadlines for submiting, or quality of, overall investment supervision and evaluation reports;
b/ Summarize and report to the Prime Minister on the handling of violations in investment supervision and evaluation.
Chapter XI
IMPLEMENTATION PROVISIONS
Article 72.Effect
1. This Decree takes effect on November 20, 2015.
2. This Decree replaces the Government’s Decree No. 113/2009/ND-CP of December 15, 2009, on investment supervision and investment.
3. All previous regulations of the Government, ministries, ministerial-level agencies and localities which are contrary to this Decree are annulled.
Article 73.Organization of implementation
1. Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees, heads of political organizations, socio-political organizations and socio-professional organizations, and related organizations and individuals shall implement this Decree.
2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the implementation of this Decree.-
On behalf of the Government
Prime Minister
NGUYEN TAN DUNG
Vietnamese
Decree 84/2015/NĐ-CP DOC (Word)
Decree 84/2015/NĐ-CP PDF (Original)
Decree 84/2015/NĐ-CP ZIP (Word)
