Circular 05/2023/TT-BKHDT: What is the general report form on supervision and assessment of investment projects under management during the year in Vietnam?
- What is the general report form on supervision and assessment of investment projects under management during the year in Vietnam under Circular 05/2023/TT-BKHDT?
- Which entities are responsible for supervising investment projects of national significance in Vietnam?
- What are the funding sources for supervising and assessing investment projects of national significance in Vietnam?
What is the general report form on supervision and assessment of investment projects under management during the year in Vietnam under Circular 05/2023/TT-BKHDT?
Pursuant to the Appendix promulgated together with Circular 05/2023/TT-BKHDT the general report form on supervision and assessment of investment projects under management during the year in Vietnam (Form No. 10) is specified as follows:
>> Download the general report form on supervision and assessment of investment projects under management during the year in Vietnam here.
Which entities are responsible for supervising investment projects of national significance in Vietnam?
Pursuant to the provisions of Article 50 of Decree 29/2021/ND-CP, the responsibility to supervise public investment projects is specified as follows
- Every project owner shall monitor and inspect the entire investment process of the project according to the approved contents and criteria to ensure the achievement of objectives and investment efficiency.
- Supervisory authorities and investment deciders shall monitor and inspect projects under their management. Inspection shall be carried out as follows:
+ A project whose investment duration is longer than 12 months shall undergo at least one inspection;
+ Inspection shall be carried out if the location, objective or scale of the project is changed or the total investment is increased.
- Public investment authorities and specialized regulatory authorities shall monitor and inspect projects under their management.
- Public investment authorities, specialized regulatory authorities, supervisory authorities and investment deciders shall decide to organize planned and ad hoc inspections of projects.
What are the funding sources for supervising and assessing investment projects of national significance in Vietnam?
Pursuant to the provisions of Article 88 of Decree 29/2021/ND-CP as follows:
Costs of and funding sources for investment supervision and assessment
1. Costs of supervision and assessment of investment are the costs necessary for agencies, organizations and individuals to supervise and assess investment as prescribed by this Decree.
2. Funding sources for investment supervision and assessment:
a) The costs of supervision and assessment of investment carried out by competent authorities shall be covered by their budgets and regular funding sources for supervision and assessment of investment according to their annual plans;
b) The costs of supervision and assessment of investment carried out by program owners, project owners and authorities signing PPP project contracts or organizations hired by such authorities shall be included in the total investment of the programs/projects;
c) The costs of supervision and assessment of investment carried out by operators shall be included in the costs of project operation;
d) The costs of public supervision of investment covered by the state budget according to annual plans of Vietnamese Fatherland Front Committees of communes shall be covered by the communes.
3. Maximum costs of investment supervision and assessment:
a) The cost of investment supervision carried out by a program owner, project owner or authority signing the PPP project contract is 10% of the program/project management cost;
b) The cost of investment assessment is expressed in percentage of the cost of management of a program/project in accordance with applicable regulations as follows: cost of initial assessment: 2%; cost of midterm assessment: 2%; cost of terminal assessment: 3%; cost of ad hoc assessment: 3%.
If the maximum cost is inappropriate or the program/project is on a large scale or it is necessary to hire a foreign consultant or domestic-foreign joint venture, a cost estimate shall be made to determine the cost.
4. The agencies, organizations, and individuals assigned to carry out supervision and assessment of investment in this Decree have the responsibility to use the state budget or other funding sources for intended purposes and in an economical and efficient manner according to applicable regulations on financial management of the State and this Decree.
Thus, the funding sources for supervising and assessing investment projects of national significance in Vietnam are specified as follows:
- The costs of supervision and assessment of investment carried out by competent authorities shall be covered by their budgets and regular funding sources for supervision and assessment of investment according to their annual plans;
- The costs of supervision and assessment of investment carried out by program owners, project owners and authorities signing PPP project contracts or organizations hired by such authorities shall be included in the total investment of the programs/projects;
- The costs of supervision and assessment of investment carried out by operators shall be included in the costs of project operation;
- The costs of public supervision of investment covered by the state budget according to annual plans of Vietnamese Fatherland Front Committees of communes shall be covered by the communes.
Circular 05/2023/TT-BKHDT takes effect from September 1, 2023.
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