From January 01, 2025, what are criteria for classification of group A public investment projects in Vietnam? Which projects shall be granted the Decision on the investment policy by the Prime Minister of Vietnam?
From January 01, 2025, what are criteria for classification of group A public investment projects in Vietnam?
Pursuant to Article 9 of the Public Investment Law 2024 on the criteria for classifying projects in Group A:
Article 9. Criteria for classifying Group A projects
Excluding national important projects as stipulated in Article 8 of this Law, projects that fall into one of the following criteria are considered Group A projects:
- Projects, regardless of the total investment amount, fall into one of the following categories:
a) Projects producing hazardous substances or explosives, excluding defense and security-related hazardous substances or explosive production projects;
b) Infrastructure projects for industrial zones, export processing zones, high-tech parks;
[...]
Therefore, group A public investment projects include projects that meet one of the following criteria:
[1] Projects, regardless of the total investment amount, fall into one of the following categories:
- Projects producing hazardous substances or explosives, excluding defense and security-related hazardous substances or explosive production projects
- Infrastructure projects for industrial zones, export processing zones, high-tech parks
[2] Projects with a total investment from VND 4,600 billion or more in the following areas:
- Transportation, including bridges, seaports, river ports, airports, railways, national highways
- Electric industry
- Oil and gas exploitation
- Chemicals, fertilizers, cement
- Machine manufacturing, metallurgy
- Mineral exploitation and processing
- Residential area construction
[3] Projects with a total investment from VND 3,000 billion or more in the following areas:
- Transportation, excluding projects on bridges, seaports, river ports, airports, railways, national highways
- Irrigation, disaster prevention
- Water supply and drainage, waste treatment, and other technical infrastructure projects
- Electric engineering
- Information and electronic device production
- Pharmaceutical chemicals
- Material production, excluding chemicals, fertilizers, cement projects
- Mechanical works, excluding machine manufacturing, metallurgy projects
- Postal services, telecommunications
[4] Projects with a total investment from VND 2,000 billion or more in the following areas:
- Agricultural, forestry, salt production, aquaculture
- National parks, nature reserves
- New urban area technical infrastructure
- Industry, excluding industrial projects in [1] [2] [3]
[5] Projects with a total investment from VND 1,600 billion or more in the following areas:
- Health, culture, society, information, education
- Scientific research, environment, information technology, broadcasting, television, finance, banking
- Warehousing
- Tourism, physical training, sports
- Civil construction, excluding residential area construction
- Projects in defense and security, excluding projects in [1] [2] [3] [4]
From January 01, 2025, what are criteria for classification of group A public investment projects in Vietnam? Which projects shall be granted the Decision on the investment policy by the Prime Minister of Vietnam? (Image from the Internet)
Which projects shall be granted the Decision on the investment policy by the Prime Minister of Vietnam?
Pursuant to Article 18 of the Public Investment Law 2024 on the authority to decide on the investment policy of programs and projects:
Article 18. Authority to decide on the investment policy of programs and projects
- The National Assembly decides on the investment policy for the following programs and projects:
a) National target programs;
b) National important projects.
- The Government of Vietnam decides on the investment policy of public investment programs using the central budget, excluding the programs stipulated in point a, clause 1 of this Article.
3. The Prime Minister of the Government of Vietnam decides on the investment policy of the following projects:
a) Projects stipulated at point a, clause 1, Article 9 of this Law;
b) Group A projects managed by ministries or central agencies with a total investment of VND 10,000 billion or more.
- The head of ministries or central agencies decides on the investment policy of Group A, Group B, and Group C projects managed by their departments or organizations, excluding those stipulated in clause 3 of this Article.
[...]
According to the above regulations, the Prime Minister of the Government of Vietnam has the authority to decide on the investment policy for:
- Projects producing hazardous substances or explosives, excluding defense and security-related hazardous substances or explosive production projects;
- Group A projects managed by ministries or central agencies with a total investment of VND 10,000 billion or more.
What are the contents of the pre-feasibility study report for national important projects and Group A public investment projects in Vietnam?
Pursuant to Article 34 of the Public Investment Law 2024 detailing the contents of the pre-feasibility study report for national important projects and Group A projects:
- For the pre-feasibility study report on national important projects and Group A projects with construction components, it is implemented in accordance with the law on construction.
- The pre-feasibility study report for national important projects and Group A projects without construction components includes the following main contents:
+ Necessity of investment, conditions for implementation, assessment of alignment with related planning according to planning law
+ Forecast demand, service scope, proposed investment objectives, scale, and form of investment
+ Area, investment location, projected land use demand, and other resource use requirements
+ Preliminary analysis and selection of technology, techniques, and conditions for the supply of materials, equipment, raw materials, energy, services, infrastructure
+ Preliminary analysis and selection of investment plans and scale of investment items
+ Overall compensation plan, clearance, resettlement, environmental protection measures
+ Preliminary analysis and assessment of social impacts; environmental impact assessment (if any) according to environmental protection law
+ Preliminary determination of total investment, capital mobilization plan, funding structure
+ Preliminary determination of related costs during implementation and project operation costs upon completion
+ Projected capital allocation plan, implementation progress, and investment phase division
+ Preliminary determination of the economic-social efficiency of the project
+ Division of component projects or sub-projects (if any)
+ Implementation organization solutions
Note: The Public Investment Law 2024 is effective from January 1, 2025.
