What are the procedures for design, evaluation of and decision on investment in public investment projects in Vietnam? Who has the authority to grant decisions on public investment projects in Vietnam?
- Who has the authority to grant decisions on public investment projects in Vietnam?
- What are the bases for design, evaluation of and decision on investment in public investment projects in Vietnam?
- What are the procedures for design, evaluation of and decision on investment in public investment projects in Vietnam?
Who has the authority to grant decisions on public investment projects in Vietnam?
Pursuant to Article 35 of the 2019 Law on Public Investment in Vietnam, the authority to grant decisions on public investment projects is as follows:
The Prime Minister shall be accorded authority to issue the decision on investment in the following programs and projects:
- National target programs and public investment projects of national significance that have already obtained investment policy decisions from the National Assembly;
- Public investment programs that have already obtained investment policy decisions from the Government;
- Public investment programs and projects using ODA funds and preferential borrowings from foreign sponsors in the national defence, security and religion fields and others which are regulated by the Government.
Ministers and Heads of central regulatory authorities shall have the following powers:
- Grant decisions on investment in group-A, group-B and group-C public investment projects using public investment capital under their jurisdiction, except those projects specified in point c of clause 1 Article 35 of the 2019 Law on Public Investment in Vietnam;
- Decentralize powers or grant the authorization to issue decisions on investment in group-B and group-C public investment projects to their affiliated agencies.
Chairmen/Chairwomen of provincial-level People’s Committees shall be vested with authority to grant decisions on investment in the following programs and projects:
- Public investment programs which have already obtained investment policy decisions from provincial-level People’s Councils;
- Group-A, group-B and group-C public investment projects put under the management of regulatory authorities at the provincial level, except for those projects stipulated in point c clause 1 Article 35 of the 2019 Law on Public Investment in Vietnam.
Chairmen/Chairwomen of district-level and commune-level People’s Committees shall be vested with authority to grant decisions on investment in the following programs and projects:
- Public investment programs which have already obtained investment policy decisions from same-level People’s Councils;
- Group-B and group-C public investment projects under their respective jurisdiction, except for those projects stipulated in point c clause 1 Article 35 of the 2019 Law on Public Investment in Vietnam.
In case of any adjustment in decisions on investment in public investment programs and projects, authority to make decisions on investment in these programs and projects shall be subject to regulations laid down in clause 3 of Article 43 in the 2019 Law on Public Investment in Vietnam.
What are the procedures for design, evaluation of and decision on investment in public investment projects in Vietnam? Who has the authority to grant decisions on public investment projects in Vietnam?
What are the bases for design, evaluation of and decision on investment in public investment projects in Vietnam?
Pursuant to Article 36 of the 2019 Law on Public Investment in Vietnam, the bases for design, evaluation of and decision on investment in public investment projects are as follows:
- Socio-economic strategy and plan.
- Related planning scheme provided for in law on planning.
- Necessity of public investment program or project.
- Objectives of public investment program and project.
- Investment policies that have already been decided by competent authorities.
- Capability of channeling and balancing public investment capital and other funds for implementation of public investment programs and projects.
What are the procedures for design, evaluation of and decision on investment in public investment projects in Vietnam?
Pursuant to the provisions of Article 40 of the 2019 Law on Public Investment in Vietnam stipulating the procedures for design, evaluation of and decision on investment in public investment projects as follows:
Procedures for design, evaluation of and decision on investment in public investment projects of national significance shall be subject to the following regulations:
- Based on the investment policy already obtaining the decision from the National Assembly, the project owner prepares a complete feasibility study report for that project for submission to the governing body before it petitions the Prime Minister to grant the decision;
- The Ministry of Planning and Investment reports to the Prime Minister to establish the State Evaluation Council to carry out the evaluation of the project;
- The State Evaluation Council conducts the evaluation regarding issues specified in clause 2 and 3 of Article 44 and clause 2 of Article 45 in the 2019 Law on Public Investment in Vietnam;
- Based on evaluation opinions, the project owner prepares a complete feasibility study report for that project for submission to the governing body before it grants approval and sends it to the State Evaluation Council;
- The State Evaluation Council submits it to the Prime Minister to seek the decision on investment in that project.
Procedures for design, evaluation of and decision on investment in public investment projects not falling in the above cases and existing without construction components shall be subject to the following regulations:
- Based on the investment policy already obtaining the decision from the competent authority, the project owner prepares a feasibility study report for that project and submits it to the competent authority to seek its decision;
- Ministers, Heads of central regulatory authorities and Chairmen/Chairwomen of People’s Committees at any level may establish the evaluation council or authorize their affiliates specialized in management of public investment to carry out the evaluation of the intended project;
- The evaluation council or the entity specialized in management of public investment conducts the evaluation regarding issues specified in clause 2 of Article 44 and clause 2 of Article 45 in the 2019 Law on Public Investment in Vietnam;
- Based on evaluation opinions, the project owner prepares a complete feasibility study report for the project for submission to the competent authority to seek its investment decision.
Procedures for design, evaluation of and decision on investment in public investment projects with construction components shall be subject to law on construction and other regulations of relevant laws, except public investment projects of national significance.
Procedures and processes for design, evaluation of and decisions on outward investment in public investment projects shall be subject to the Government’s regulations.
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