15:41 | 02/12/2022

What are procedures and processes for carrying out midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds in Vietnam?

What are procedures and processes for carrying out midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds in Vietnam? What are procedures and processes for carrying out annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds in Vietnam? 

Please advise.

1. What are procedures and processes for carrying out midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds in Vietnam?

Pursuant to Article 41 of Decree 40/2020/ND-CP guiding the Law on Investment in constructions, procedures and processes for carrying out midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds are as follows:

1. Components of reports on implementation of midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds:

a) Situations and results of management and use of charter capital of state off-budgetary financial funds in the previous plan;

b) Developmental orientation, objectives and missions of strategies and plans for socio-economic development and development of related industries and sectors;

c) Scale of charter capital of funds, assessment of necessity and significance of capital contribution to charter capital of state off-budget financial funds;

d) Estimated total capital and structure of resources, mobilization of other lawful capital sources used for making capital contributions to charter capital of state off-budget financial funds;

dd) Preliminary analysis and evaluation of impacts and effects on sectors or industries upon receipt of capital contribution to charter capital and measurement of socio-economic effectiveness;

e) Measures for implementation of plans and expected outcomes.

2. Processes for preparation of reports on implementation of midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds:

a) Based on the Prime Minister’s regulations, and the Ministry of Planning and Investment’s guidelines, prescribed in Article 55 in the Law on Public Investment, state off-budgetary financial funds shall prepare midterm public investment plans to make equity contributions to charter capital and report to specialized public investment agencies under the control of ministries, central and local regulatory bodies assigned as host units having authority over state off-budgetary financial funds to seek their approval decisions; b) Specialized public investment authorities affiliated to ministries, central or local regulatory bodies shall be responsible for completing reports on midterm public investment plans to make capital contributions to charter capital of state off-budgetary financial funds under their direct authority. These reports must contain components specified in clause 1 of this Article, must be integrated into midterm public investment plans of ministries, central or local regulatory authorities which are then submitted to the Ministry of Planning and Investment, and the Ministry of Finance.

3. Processes for formulation and assessment of midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds shall be subject to Article 55 in the Law on Public Investment.

2. What are procedures and processes for carrying out annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds in Vietnam? 

In Article 42 of Decree No. 40/2020/ND-CP guiding the Law on Investment in Works, procedures and processes for carrying out annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds are as follows:

1. Components of reports on implementation of annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds:

a) Situations and results of management and use of charter capital in the year preceding the planning year by state off-budget financial funds;

b) Planning year's developmental orientation towards capital contribution to charter capital, and demands for charter capital of state off-budget financial funds;

c) Proposed total capital and structure of resources, and mobilization of other legitimate capital for capital contributions to charter capital;

d) Preliminary analysis and evaluation of impacts and effects on sectors or industries upon receipt of capital contributions to charter capital and measurement of socio-economic effectiveness of investment;

dd) Measures for administration, implementation of plans and expected outcomes.

2. Processes for reporting on annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds:

a) Based on midterm public investment plans approved by competent authorities, the Prime Minister’s regulations, and the Ministry of Planning and Investment’s guidelines, prescribed in Article 56 in the Law on Public Investment, state off-budgetary financial funds shall prepare annual public investment plans to make equity contributions to charter capital and report to specialized public investment authorities under the control of ministries, central and local regulatory bodies assigned as host units having authority over state off-budgetary financial funds to seek their approval decisions;

b) Specialized public investment authorities affiliated to ministries, central or local regulatory bodies shall be responsible for completing reports on annual public investment plans to make capital contributions to charter capital of state off-budgetary financial funds under their direct authority. These reports must contain those components specified in clause 1 of this Article, must be integrated into annual public investment plans of ministries, central or local regulatory authorities which are then submitted to the Ministry of Planning and Investment, and the Ministry of Finance.

3. Processes for formulation and assessment of annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds shall be subject to Article 56 in the Law on Public Investment.

Best Regards!

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