What are subject matters of appraisal and approval of project designs and cost estimates in public investment projects without construction components in Vietnam?

1. What are subject matters of appraisal and approval of project designs and cost estimates in public investment projects without construction components in Vietnam?

Pursuant to Article 31 of Decree No. 40/2020/ND-CP guiding the Law on Public Investment, subject matters of appraisal and approval of project designs and cost estimates are as follows:

1. Subject matters of appraisal of project designs and cost estimates shall include those specified in Article 26 and 28 herein and others prescribed in clause 2 of this Article.

2. Information shown in the approval of project designs and cost estimates, including:

a) General information about the project: Project title and items (specifying the project group); project owner, design contractor; project site (if any);

b) Scale, technology, technical parameters, main economic and engineering indicators of the project;

c) Main applicable national technical regulations and standards;

d) Main design solutions of specific project items and the entire project;

dd) Investment cost estimate;

e) Compulsory requirements concerning completion of supplementation of design documentation and other relevant matters (if any).

3. Time limits for the approval of project designs and cost estimates: Authorities having competence in making investment decisions shall approve project designs and cost estimates from the date of receipt of full and valid documents as follows:

c) Group-A public investment projects: Not exceeding 15 days;

b) Group-B public investment projects: Not exceeding 10 days;

c) Group-C public investment projects: Not exceeding 5 days.

2. What are documentation requirements for appraisal of project designs and cost estimates in public investment projects without construction components in Vietnam?

Pursuant to the provisions of Article 32 of Decree No. 40/2020/ND-CP guiding the Law on Public Investment, documentation requirements for appraisal of project designs and cost estimates are as follows:

1. Application or request forms for appraisal of project designs.

2. Interpretations about project designs, design drawings (if any) and other relevant survey documents.

3. Copies of investment policy decisions for projects (except those not subject to requirements concerning approval of investment policy decisions as provided in clause 6 of Article 18 in the Law on Public Investment) and investment decisions, enclosing the approved design documentation.

4. General reports of project owners on conformance of design documentation to regulations in force.

5. Project investment estimates.

3. What are commissioning and operation of projects in public investment projects without construction components in Vietnam?

Pursuant to the provisions of Article 33 of Decree No. 40/2020/ND-CP guiding the Law on Investment and commissioning and operation of projects as follows:

1. A project shall be brought into operation after completion of investment according to the approved design, and if they have already operated according to technical requirements and have already met quality standards after commissioning or acceptance testing.

2. Depending on particular conditions of each project, each project item, subproject or the entire completed project may be transferred for operational operation and commercial uses.

3. Records or reports on commissioning or acceptance testing of specific project items, subprojects or the entire completed project shall serve as a basis in order for project owners to bring a project into operation and settle all investment costs accrued from the completed entire project in accordance with regulations in force.

4. All completed projects shall be subject to the requirement for discharge of all financial obligations arising therefrom in accordance with regulations in force.

5. Project transfer documents shall be comprised of project finalization documents, operational guides or manuals, and project maintenance terms and conditions.

6. Investment documentation must be deposited in accordance with legislative laws on state archives.

4. What is termination of investment in public investment projects without construction components in Vietnam?

Pursuant to Article 34 of Decree 40/2020/ND-CP guiding the Law on Public Investment, termination of investment in public investment projects as follows:

1. Investment in a public investment project shall be ended when the project owner is already given the project transfer, and upon expiration of the project warranty term.

2. Before transfer of a public investment project, the contractor must move all of their property (if any) out of the project site.

5. What is project operation in public investment projects without construction components in Vietnam? 

Pursuant to Article 35 of Decree 40/2020/ND-CP guiding the Law on Public Investment on project operation as follows:

1. After receipt of the transferred project, the project owner or the entity assigned to manage the project shall be responsible for operating and exploiting it to ensure its performance and efficiency according to the approved socio-engineering purposes and indicators.

2. The project owner or entity assigned to manage the project shall be responsible for carrying out maintenance, repair and care of the project in accordance with regulations in force.

Best Regards!