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

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

Pursuant to Clause 1, Article 19 of Decree 40/2020/ND-CP stipulating time limits for assessment of public investment 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.

Thus, since your project is classified as Group-A public investment projects, the maximum time that the competent authority can use for assessment is 45 days from the date of receipt of a valid dossier in Vietnam.

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

Request or application documentation submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects are specified in Article 20 of Decree 40/2020/ND-CP 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.

Best Regards!