Is it legal for project funded by state capital other than public investment capital in Vietnam to be managed by affiliated professional apparatuses of project owners?
- Is it legal for project funded by state capital other than public investment capital in Vietnam to be managed by affiliated professional apparatuses of project owners?
- What are the regulations on assessment of projects funded by non-public investment state capital in Vietnam?
- How to carry out the inspection of project funded by state capital other than public investment capital in Vietnam?
Is it legal for project funded by state capital other than public investment capital in Vietnam to be managed by affiliated professional apparatuses of project owners?
Pursuant to the provisions of Clause 2, Article 20 of Decree 15/2021/ND-CP stipulates as follows:
Selection of forms of construction project management
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2. For a project funded by state capital other than public investment capital or other funds, the investment-decision maker shall select the project management form specified in Clause 1, Article 62 of the Construction Law 2014, amended in Clause 19, Article 1. Law No. 62/2020/QH14, in accordance with management requirements and project specific conditions.
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Contact in Clause 1, Article 62 of the Law on Construction 2014 amended and supplemented in Clause 19, Article 1 of the Law on amendments to Construction Law 2020 stipulates as follows:
Organizational forms of construction investment project management
1. Based on scale, characteristics, funding sources and conditions for implementation of construction investment projects, investment decision makers shall decide to apply one of the following organizational forms of project management:
a) Specialized construction investment project management board or regional construction investment project management board;
b) Single-project construction investment project management board;
c) Affiliated professional apparatuses of project owners;
d) Project management consultants.
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Thus, based on the above regulations, for project funded by state capital other than public investment capital in Vietnam, the investment-decision maker may select affiliated professional apparatuses of project owners to manage the project.
Therefore, investors of project funded by state capital other than public investment capital are allowed to use their affiliated professional apparatuses to self-manage the project.
Is it legal for project funded by state capital other than public investment capital in Vietnam to be managed by affiliated professional apparatuses of project owners? (Picture from internet)
What are the regulations on assessment of projects funded by non-public investment state capital in Vietnam?
Pursuant to the provisions of Clause 1, Article 68 of Decree 29/2021/ND-CP stipulates as follows:
Assessment of projects funded by non-public investment state capital
1. Project assessment shall be carried out as follows:
a) PNS and Group A projects must undergo a midterm assessment, terminal assessment and impact assessment;
b) Group B projects must undergo terminal assessment and impact assessment;
c) In addition to the regulations mentioned in Point a and Point b of this Clause, the investment deciders, state ownership representative agencies and investment authorities shall decide other types of assessment prescribed in Clause 4 Article 3 of this Decree where necessary.
2. Responsibility to carry out project assessments:
a) Investors shall carry out the midterm assessment and terminal assessment;
b) Investment deciders shall carry out ad hoc assessment and impact assessment;
c) Investment authorities and state ownership representative agencies shall carry out various types of planned and ad hoc assessments of projects under their management.
3. Contents of assessment of projects shall comply with Article 73 of the Law on Public Investment.
Thus, based on the above regulations, project assessment shall be carried out as follows:
- PNS and Group A projects must undergo a midterm assessment, terminal assessment and impact assessment;
- Group B projects must undergo terminal assessment and impact assessment;
- In addition to the regulations mentioned in Point a and Point b of this Clause, the investment deciders, state ownership representative agencies and investment authorities shall decide other types of assessment prescribed in Clause 4 Article 3 of Decree 29/2021/ND-CP where necessary.
How to carry out the inspection of project funded by state capital other than public investment capital in Vietnam?
Pursuant to the provisions of Article 62 of Decree 29/2021/ND-CP regulating the inspection of investment projects using state capital other than public investment, the following steps are carried out:
Responsibility for project supervision
1. Investors shall monitor and inspect the investment process of their projects according to the approved contents and criteria approved in the investment decisions.
2. Investment deciders shall monitor and inspect projects under their management. Inspection shall be carried out as follows:
a) Group B or higher level projects shall undergo at least one inspection;
b) Inspection shall be carried out if the location, objective or scale of the project is changed or total investment is increased.
3. State ownership representative agencies, authorities competent to decide use state capital for investment, investment authorities and specialized regulatory authorities shall monitor and inspect projects under their management.
4. Investment authorities, specialized regulatory authorities, supervisory authorities, state ownership representative agencies and authorities that have the power to decide to use state capital for investment shall decide to organize planned or ad hoc inspections of projects.
Based on the above regulations, inspection of project funded by state capital other than public investment capital is carried out as follows:
- Group B or higher level projects shall undergo at least one inspection;
- Inspection shall be carried out if the location, objective or scale of the project is changed or total investment is increased.
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