Resolution No. 75/NQ-CP 2020 handling of problems of projects which Committee for Management of State Capital representing the ownership

RESOLUTION

providing the handling of problems with a number of investment projects of enterprises which the Committee for Management of State Capital at Enterprises representing the ownership

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THE GOVERNMENT

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

Pursuant to the Government s Decree No. 138/2016/ND-CP dated October 01, 2016, promulgating the Government s Working Regulation;

At the proposal of the Minister of Planning and Investment,

RESOLVE:

Article 1. Preparation of pre-feasibility study reports, investment policy decision, approval and investment decision for business investment projects

1. Making pre-feasibility study report on construction investment:

For Group A projects, before making a feasibility study report on construction investment, the enterprise shall prepare a pre-feasibility study report on construction investment in accordance with the Law on Construction.

2. Investment policy decision:

a) For projects under the investment policy decision authority of the provincial-level People s Committee, implemented in the area of two or more provinces or centrally-run cities, the Prime Minister shall decide on the investment policy as prescribed in Clause 4 Article 31 of the Law on Investment and the principle of resolving issues related to the scope of two or more provincial-level administrative units as prescribed at point dd, Clause 2, Article 11 of the Law on Organization of Local Administration;

b) The Ministry of Planning and Investment shall receive the project dossier and organize appraisal and submit to the Prime Minister for decision on investment policies for the project specified at Point a of this Clause.

3. Project approval and investment decision:

a) For projects with a value of not more than 50% of equity capital and not exceeding the capital level of Group B projects specified at Point a, Clause 1, Article 24 of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, the Members Council or the company president shall decide on investment in projects in accordance with the conditions and procedures as prescribed in this Law;

b) For projects with a value of more than 50% of equity or exceeding the project capital of Group B as prescribed at Point b, Clause 1, Article 24 of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, the Members Council or the chairman of the company shall report to the Committee for Management of State Capital at Enterprises for consideration and approval with the function of owner representative agency, serving as a basis for the Council of Members or the Chairman of the company decide to invest in the project according to the conditions and procedures specified in this Law and point g, Clause 3, Article 5 of Decree No. 131/2018/ND-CP of September 29, 2018 of the Government on defining the functions, tasks, powers and organizational structure of the Committee for Management of State Capital at Enterprises.

Article 2. Determination of governing agency, competence to decide on investment and distinguish of responsibilities between the Committee for Management of State Capital at Enterprises and ministries

1. For projects using public investment capital:

The ministries are the governing agency and decide on the investment in projects using central budget capital to form public assets and assign them to enterprises for management, but not including the composition of State capital at the enterprises according to regulations of Clause 4 and Clause 10, Article 4, Clause 2, Article 35, Clause 3 Article 60, Clause 4 Article 61 of the Law on Public Investment and Article 97 of the Law on Management and Use of Public Assets.

2. For business investment projects funded by development investment capital of corporations, groups and enterprises:

The Committee for Management of State Capital at Enterprises shall perform the rights of representing the ownership in accordance with the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and the Decree No. 131/2018/ND-CP dated September 29, 2018 of the Government defining the functions, tasks, powers and organizational structure of the Committee for Management of State Capital at Enterprises.

Article 3. Assignment of public investment plans

The assignment of central budget capital investment plans to ministries, corporations and groups shall comply with the provisions of the Law on Public Investment and the principles for identifying the governance agency and investment decision according to the provisions of Clause 1, Article 2 of this Resolution.

Article 4. Organization of implementation

1. The Ministry of Planning and Investment:

a) Coordinate with the Economic Committee of the National Assembly to continue finalizing the draft of the Law on Investment (amended) to handle problems arising in the process of implementing investment projects of enterprises managed by the Committee for Management of State Capital at Enterprises as owner representative;

b) To take the prime responsibility and coordinate the Committee for Management of State Capital at Enterprises to research and propose amendments and supplements to Decree No. 131/2018/ND-CP in the simplified order and procedures, in accordance with practices and regulations of the Law on Public Investment.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Committee for Management of State Capital at Enterprises in urgently reviewing and synthesize the implementation of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, propose the plan to complete the regulations on rights and responsibilities of the owner s representative agency to handle problems in the implementation of project regarding approval procedures of the owner s representative agency and report to the Prime Minister in the second quarter of 2020.

3. The Committee for Management of State Capital at Enterprises:

a) To coordinate with the Ministry of Planning and Investment in performing the tasks specified at point b, Clause 1 of this Article;

b) Review and summarize the list of projects encountered problems in the process of implementation, propose specific solutions, responsibilities and handling time limits, and report to the Prime Minister for consideration and direction.

4. The ministries and the Committee for Management of State Capital at Enterprises, groups, and corporations shall, according to their assigned functions and tasks, strictly and in comply with the responsibilities and time limits establish by the Government and the Prime Minister; promptly report and propose specific solutions to handle problems related to issues beyond the authority.

Article 5. Effect and transitional provisions

1. This Resolution takes effect from the date of its signing.

2. Business investment projects of enterprises under the management of the Committee for Management of State Capital at Enterprises that have been decided on investment policies, approvals and investment decisions according to law provisions before the date this Resolution takes effect shall not have to follow the order and procedures specified in this Resolution.

3. The determination of governing agency and investment decision for projects which are in the process of investment preparation or implemented before the effective date of this Resolution shall comply with the prescribed principles in Clause 1, Article 2 of this Resolution.

Article 6. Implementation responsibilities

Ministers, the head of ministerial level agencies, heads of government attached agencies and heads of related agencies, units, groups, corporations and enterprises shall implement this Resolution./.

For the Government

The Prime Minister

Nguyen Xuan Phuc