Who can authorize departments and branches to directly prepare investment policy recommendation reports in Vietnam?
Who can authorize departments and branches to directly prepare investment policy recommendation reports in Vietnam?
According to Section 1 of Official Dispatch 5015/CV-TCT in 2022, guiding the implementation of public investment projects by the Prime Minister's Special Working Group on reviewing, removing difficulties and obstacles and promoting investment projects are issued as follows:
- According to the provisions of Article 27 of the Law on Public Investment 2019:
"Article 27. Procedures and processes for grant of decisions on policies for investment in group-B and group-C public investment projects using public investment capital under the management of local authorities
1. The Chairmen/Chairwomen of all-level People’s Committees shall assume the following responsibilities:
a) Authorize specialized entities or People’s Committees at the inferior level to directly prepare investment policy recommendation reports;
b) Establish a Council to evaluate, or authorize another competent entity to evaluate, these investment policy recommendation reports, funding sources and capital balancing capacity with respect to public investment programs and projects using public investment capital under their respective jurisdiction;
c) Direct the entities prescribed in point a of this clause to prepare complete investment policy recommendation reports based on evaluation opinions.
2. People’s Committees petitions same-level People’s Councils to consider granting investment policy decisions, including such contents as investment objectives, scale, total investment capital, location, time length, schedule of implementation of a project and proposed fund disbursement plans, mechanisms, solutions and policies for implementation."
- Presidents of People's Committees at all levels are responsible for authorizing specialized entities or People’s Committees at the inferior level to directly prepare investment policy recommendation reports
- The specialized agency here can authorize the Department of Construction or other departments and branches to directly prepare investment policy recommendation reports specifically guided in this Official Letter.
Who can authorize departments and branches to directly prepare investment policy recommendation reports in Vietnam? (Image from the internet)
What are the professional affiliates of the People’s Committees of Vietnam?
According to the provisions of Article 9 of the Law on Organization of Local Government 2015, which is annulled by Clause 33, Article 2 of the Law on amendments to some Articles of the Law on Government Organization 2019 provides for specialized agencies under the provincial People's Committee as follows:
"Article 9. Professional affiliates of the People’s Committee
1. Professional affiliates of the People’s Committee are organized at the provincial and district level, and are advisory divisions and assist the People’s Committee in performing its state management functions in specific industries or sectors at localities, and perform duties or exercise powers decentralized or delegated by the superior-level state organs.
2. Professional affiliates of the People’s Committee shall be subject to the supervision and management of the People’s Committee in terms of their organization, personnel and tasks, as well as the direction and inspection of the superior industry- or sector-related state management agency in terms of professional practices.
3. The organization of professional affiliates of the People’s Committee must ensure relevance to the features of rural, urban and island areas as well as socio-economic developmental conditions and state in each locality; ensure the simplicity, appropriacy, transparency, efficacy and efficiency for the industry- or sector-related state management from the central to grassroots level; prevent their duties and powers from overlapping with these of the superior-level state organs located within the same areas."
Thus, the professional affiliates of the People’s Committee are organized at the provincial and district level, and are advisory divisions and assist the People’s Committee in performing its state management functions in specific industries or sectors at localities, and perform duties or exercise powers decentralized or delegated by the superior-level state organs
What are the regulations on entity specialized in management of public investment in Vietnam?
Entity specialized in management of public investment, specified in Clause 11 Article 4 of the Law on amendments to some Articles of the Law on Government Organization 2019, refers to a unit performing the function of management of public investment that is put under the control of the Ministry of Planning and Investment;
+ a unit assigned to take charge of public investment affairs of a Ministry, central or local authority;
+ a division or department authorized to manage public investment that is put under the control of a district or commune-level People's Committee.
Therefore, according to the guidance of Official Dispatch 5015/CV-TCT in 2022, the Provincial People's Committee authorize departments and branches to directly prepare investment policy recommendation reports as mentioned above.
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