City. How does Ho Chi Minh adjust the public investment plan in Vietnam in 2022 with local budget capital?
What is the adjustment of the public investment plan in Vietnam?
Public investment is an investment activity of the state, using capital mainly from the state budget to design and build socio-economic infrastructure projects and other programs and projects. serve socio-economic development.
Accordingly, Clause 17, Article 4 of the Law on Public Investment 2019 stipulates the concept of a public investment plan as follows:
- Public investment plan in Vietnam is a set of objectives, orientations, list of public investment programs and projects; balance public investment capital, capital allocation plan, resource mobilization solutions and implementation.
- Adjustment of public investment plans is a regulation that guides competent authorities to regulate all issues related to public investment plans and types of public investment such as: strategic objectives, plans medium-term and annual public investment plans with central budget capital between ministries, central and local agencies, medium-term public investment plans with central budget capital of ministries, central agencies and assigned locality according to regulations…
- Public investment is assessed for the successful implementation of the socio-economic development goals in 2022, the effective implementation and adjustment of the public investment plan has a very important role and meaning, contributing to creating new production capacity, investment attraction, economic recovery and development.
City. How does Ho Chi Minh adjust the public investment plan in Vietnam in 2022 with local budget capital?
How to adjust the public investment plan in Vietnam?
According to Article 67 of the Law on Public Investment 2019, the adjustment of public investment plans in Vietnam will be implemented as follows:
"Article 67. Adjustment of public investment plans
1. The National Assembly shall decide on the overall adjustment of the medium-term and annual public investment plans with state budget capital in the following cases:
a) Due to the adjustment of objectives of the national socio-economic development strategy and plan;
b) Due to sudden changes in the balance of the state budget or the ability to mobilize capital sources.
2. The National Assembly Standing Committee shall decide to adjust the medium-term and annual public investment plans with central budget capital between ministries, central agencies and localities in the event that the total medium-term capital is unchanged and annually decided by the National Assembly.
3. The Prime Minister, based on the specific situation in the planning period, decides to adjust the medium-term public investment plans funded by the central budget of the ministries, central agencies and localities assigned according to the provisions of Clause 1 of this Article. 3 Article 60 of this Law in the total capital of each ministry, central agency and locality has been decided by the National Assembly.
4. The Ministry of Planning and Investment is responsible for:
a) Assume the prime responsibility for appraising the plan to adjust the medium-term public investment plan funded by the central budget among ministries, central agencies and localities, and report to the Government for submission to the National Assembly Standing Committee for consideration and decision. ;
b) To assume the prime responsibility for appraising plans for adjustment of medium-term public investment plans with central budget funds within and between branches, domains, and programs of ministries, central agencies and localities, and report to the Prime Minister. Prime Minister considers and decides.
5. Heads of ministries and central agencies have the following powers and responsibilities:
a) Adjust the annual public investment plan with central budget capital among projects on the list decided by the competent authority but not exceed the total amount of capital assigned to the plan by the competent authority;
b) Send reports to the Ministry of Planning and Investment and the Ministry of Finance to summarize and monitor the central budget capital.
6. Provincial People's Committees have the following powers and responsibilities:
a) Adjust the annual public investment plan for additional central budget capital with targets under their management but not exceed the total amount of capital already assigned the plan by a competent authority;
b) Send reports to the Ministry of Planning and Investment and the Ministry of Finance for summarizing and monitoring for targeted additional central budget capital.
7. The People's Councils at all levels shall adjust the medium-term and annual public investment plans funded by the local budget in the following cases:
a) Due to the adjustment of the target of the local socio-economic development plan;
b) Due to sudden changes in the balance of local budget revenues or the ability to mobilize local capital sources;
c) Due to changes in demand for use or ability to implement annual plan capital among local agencies and units.
8. People's Committees at all levels decide to adjust the medium-term and annual public investment plans with local budget capital for investment among sectors, fields, programs and within sectors, fields and programs. submissions of units using these funds and report to the People's Council of the same level at the nearest meeting.
9. The Government shall detail the order and procedures for adjusting the medium-term and annual public investment plans funded by the state budget."
Adjusting the public investment plan in Vietnam in 2022 with local budget capital in Ho Chi Minh City. Ho Chi Minh?
According to Section 1 of Official Letter 1609/UBND-DA dated May 17, 2022 on adjusting the public investment plan in Vietnam in 2022 from local budget capital, stipulates the responsibilities of governing agencies and investors as follows:
- For the list of 44 transitional projects with which the total investment is expected to be adjusted: The governing bodies, the investor shall urgently coordinate with the specialized departments to complete the procedures for the list of 44 transition projects. Next, it is expected to adjust the total project investment according to regulations before May 25, 2022, ensure the progress of supplementing the Medium-term Public Investment Plan for the period of 2021 - 2025 and supplement the Annual Public Investment Plan. 2022 for projects at the City People's Council meeting scheduled for July 2022.
- For transitional projects supplemented with the Medium-term Public Investment Plan for the 2021 - 2025 period from the medium-term reserve source in Resolution No. 05/NQ-HDND in 2022: The governing bodies, the investor urgently complete investment procedures according to regulations before May 25, 2022 to additionally register the 2022 Public Investment Plan for these projects to accelerate project implementation.
- For transitional projects starting from 2020 or earlier (3 years of construction) but the proportion of capital already allocated in the Public Investment Plan for 2021 and 2022 is less than 40% of the total investment plan. Medium-term public investment for the period 2021 - 2025 of the project: The governing bodies and project investors are responsible for urgently completing relevant investment procedures and additional registration for the 2022 public investment plan. and accelerate the construction and implementation of the project. Agencies are responsible to the City People's Committee for projects that cannot organize construction and implementation as well as lack of capital due to not having registered capital for implementation in 2022.
- For projects that do not have problems in terms of ground, investment procedures, and have favorable conditions for construction: The governing bodies and investors review the disbursement progress and register additional plans. public investment plan in 2022 to increase the volume of implementation, shorten the construction time, soon put the work into operation, creating socio-economic efficiency.
- For other projects: The governing agencies, the investor shall, based on the actual situation, register additional public investment plans in 2022 (make sure not to exceed the medium-term public investment plan for the period 2021 - 2025 has been approved by the City People's Council) for the following subjects:
+ Projects that have not yet been allocated a capital plan for 2022 but have been allocated a medium-term public investment plan for the period of 2021 - 2025 and are eligible for annual capital allocation.
+ Projects that are not subject to extension of implementation time and capital disbursement in 2021, need to arrange additional capital in the 2022 Public Investment Plan within the amount of capital allocated by the City People's Council in Medium-term public investment plan for the 2021-2025 period.
Therefore, the above case falls under the provisions of point c, section 1 of Official Letter 1609/UBND-DA dated May 17, 2022, so the governing bodies and project investors are responsible for urgently completing the procedures. related investment and additional registration of the public investment plan in 2022 and accelerate the construction and implementation of the project. Agencies are responsible to the City People's Committee for projects that cannot organize construction and implementation as well as lack of capital due to not having registered capital for implementation in 2022.
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