What are time limits for assessment of public investment programs or projects in Vietnam?

1. What are time limits for assessment of public investment programs or projects in Vietnam?

Pursuant to Article 19 of Decree No. 40/2020/ND-CP guiding the Law on Public Investment, time limits for assessment of public investment programs or projects are as follows:

1. Time limits for assessment of public investment programs or projects without construction components after authorities presiding over assessment activities receive full and valid submitted documents shall be as follows:

a) National target programs: Not exceeding 60 days;

a) Public investment programs (except national target programs): Not exceeding 45 days;

c) Group-A public investment projects: Not exceeding 45 days;

d) Group-B and C public investment projects: Not exceeding 30 days;

In case where any submitted document is invalid, or any component of pre-feasibility study reports for public investment programs or projects is not conformable to regulations laid down in Article 44 in the Law on Public Investment, within the maximum duration of 10 days of receipt of submitted documents, Assessment Councils or authorities presiding over assessment activities shall send their written opinions to authorities applying for or requesting assessment to provide supplementary documents or complete feasibility study reports for public investment programs and projects.

2. Time limits for the assessment of public investment projects with construction components shall be subject to laws on construction.

3. Time limits for internal assessments shall be regulated by Ministers or Heads of central regulatory authorities and Presidents of People’s Committees at any level.

4. In case where any extension of time limits for assessment of public investment programs or projects, Assessment Councils or authorities presiding over assessment activities shall report to authorities having competence in issuing decisions on investment in public investment programs or projects to seek their approval of such extension. Extension period shall not be allowed to exceed the respective assessment time limits set out in clause 1 of this Article.

2. What is request or application documentation submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects in Vietnam?

Pursuant to the provisions of Article 20 of Decree No. 40/2020/ND-CP guiding the Law on Public Investment, request or application documentation submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects is as follows:

1. Request or application documentation submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects shall include the followings:

a) Request or application forms submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects, and feasibility study reports already completed according to assessment opinions;

b) Decisions on investment in public investment programs or projects, issued by competent authorities;

c) Reports on assessment of feasibility study reports;

d) Other relevant documents (if any).

2. The required number of request or application documentation submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects as provided in clause 1 of this Article shall be 05 sets.

3. Request or application documentation submitted to competent authorities to seek their approval of decisions on investment in projects on compensation, support, resettlement and site clearance which are separated into independent projects as provided in the Law on Public Investment shall be as follows:

a) With respect to those projects with construction components, such documentation shall be subject to laws on construction;

b) With respect to those projects without construction components, such documentation must be subject to regulations laid down herein and other relevant laws;

c) With respect to projects on compensation, support, resettlement and site clearance, and remaining projects which are separated from projects of national significance or group-A public investment projects under clause 1 of Article 5 in the Law on Public Investment that are classified according to criteria for project classification, such documentation shall be subject to decisions on investment policies.

3. What are subject matters of and time limits for grant of decisions on group-A, B and C public investment programs or projects in Vietnam?

Pursuant to Article 21 of Decree No. 40/2020/ND-CP guiding the Law on Public Investment, subject matters of and time limits for grant of decisions on group-A, B and C public investment programs or projects are as follows:

1. Decisions on group-A, B and C public investment programs or projects:

a) Decisions on investment in public investment programs must contain the following main information: program objectives, scope and scale; total investment and structure of resources used for implementation of programs, including project portfolio, level of allocated public investment capital, mobilization of funding and other sources; capital allocation plans and program implementation progress; associated costs arising in the process of implementation of programs and operating costs after completion of development of programs; component projects of programs; implementation solutions; etc.

b) Decisions on public investment projects without construction components shall contain the following main contents: Project name; project owners; bodies providing consultancy for development of projects 9if any); investment objectives, scale and execution progress; project sites; technological designs (if any); technical regulations; total investment capital; funding sources and proposed allocation of capital according to implementation progress; organizational forms of management of projects to be applies; etc.

c) Decisions on investment in public investment projects with construction components shall be subject to laws on construction.

2. Upon receipt of full and valid application or request documentation submitted to seek competent authorities’ decisions on investment in public investment programs or projects, the time limits for issuance of these decisions shall be as follows:

a) Public investment programs: Not exceeding 20 days;

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

c) Group-B and C public investment projects: Not exceeding 10 days.

3. Within 15 days after competent authorities issue their decisions on investment in public investment programs or projects:

a) Ministries, central regulatory bodies and local authorities administering public investment programs or projects using the central budget's capital must submit them to the Ministry of Planning and Investment and the Ministry of Finance to seek their consent to those programs or projects approved by competent authorities;

b) Local authorities at any relevant level that administer public investment programs or projects using the capital of the local governments’ budget must submit them to Departments of Planning and Investment and/or Departments of Finance and/or specialized investment management authorities at the same level shall make their decisions on investment in those programs or projects already obtaining approval from competent authorities.

Best Regards!