02:35 | 18/09/2023

What are the applications and procedures for making investment policy decisions for Vietnam's public investment programs funded by ODA and concessional loans under the Government's decision-making authority?

What are the applications and procedures for making investment policy decisions for Vietnam's public investment programs funded by ODA and concessional loans under the Government's decision-making authority? - asked Q.A (Lam Dong)

What is the application for making investment policy decisions for Vietnam's public investment programs funded by ODA and concessional loans under the Government's decision-making authority?

Pursuant to the regulations in section 6 of Appendix A attached to Decision 1395/QD-BKHDT 2023, the components of the application for making investment policy decisions for public investment programs funded by ODA and concessional loans under the Government's decision-making authority are as follows:

- The application to be submitted to authority for making investment policy decisions for the program or project funded by ODA and concessional loans includes:

- Proposal requesting the authorized decision-making body to approve the investment orientation of the program or project.

- Document approving the proposed program or project by the relevant authority.

- Internal appraisal report by the managing agency on the investment orientation of the program or project utilizing ODA and concessional loans.

- Feasibility study report or proposal for the investment orientation of the program or project according to the template in Appendix IIIa, IIIb, IIIc attached to Decree 114/2021/ND-CP.

- Evaluation report on the implementation status of the program or project in the previous phase (for programs or projects implemented in previous phases and continued in the new phase).

- Opinion of the provincial People's Council on Group A projects utilizing ODA and concessional loans, prepared by the provincial People's Committee in accordance with point c, clause 1, Article 23 of the Law on Public Investment.

- Other relevant documents (if any).

Quantity of files:

The minimum number of application to be submitted to the Appraisal Council or the competent appraisal agency is 10 sets of documents.

What are the applications and procedures for making investment policy decisions for Vietnam's public investment programs funded by ODA and concessional loans under the Government's decision-making authority?

What are the procedures for making investment policy decisions for Vietnam's public investment programs funded by ODA and concessional loans under the Government's decision-making authority?

Pursuant to the regulations in section 6 of Appendix A attached to Decision 1395/QD-BKHDT 2023, the procedures for making investment policy decisions for public investment programs funded by ODA and concessional loans under the Government's decision-making authority are as follows:

Implementation process:

Step 1: The program owner is responsible for:

- Assigning subordinate units to prepare the proposal for the investment orientation.

- Assigning units or appraisal agencies to appraise the proposal for the investment orientation.

- Completing the proposal for the investment orientation and submitting it to the Prime Minister.

Step 2: The Prime Minister decides to establish an inter-agency council or assigns the Ministry of Planning and Investment to lead and coordinate with relevant agencies in appraising the proposal for the investment orientation.

Step 3: The program owner completes the proposal for the investment orientation according to the appraisal opinions mentioned in Step 2 and submits it to the Government.

Step 4: The Government reviews and decides on the investment orientation, including objectives, scope, scale, total investment amount, timeline, progress, solution mechanisms, and implementation policies.

* In cases where the contents of the feasibility study report or the proposal for the investment orientation of national target programs, important national projects, and public investment programs; and Group A investment programs or projects utilizing ODA and concessional loans change compared to the main content of the proposed program or project approved by the Prime Minister according to point d, clause 2, Article 13 of Decree 114/2021/ND-CP: The managing agency shall specifically report the changes compared to the approved proposed program or project in the appraisal report of the feasibility study, proposal for the investment orientation of the program or project as stipulated in point b, clause 1, Article 15 of Decree 114/2021/ND-CP.

* In cases where the contents of the proposal for the investment orientation of projects not specified in clause 7, Article 14 of Decree 114/2021/ND-CP change compared to the main content of the proposed program or project approved by the Prime Minister according to point d, clause 2, Article 13: The managing agency shall follow the procedures for adjusting the proposed program or project as stipulated in clause 5, Article 13 before proceeding with the procedures for submitting the proposal to the authorized decision-making body for the investment orientation of the project.

Implementation method:

- Directly at the headquarters of state administrative agencies.

- Through the postal system.

What is the time limit for for making investment policy decisions for Vietnam's public investment programs funded by ODA and concessional loans under the Government's decision-making authority?

Pursuant to the regulations in section 6 of Appendix A attached to Decision 1395/QD-BKHDT 2023, the time limit for for making investment policy decisions for Vietnam's public investment programs funded by ODA and concessional loans under the Government's decision-making authority is as follows:

- The appraisal period for making investment policy decisions starts from the date the Appraisal Council or the responsible appraisal agency receives a valid dossier for the public investment program: not exceeding 45 days.

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