What is monitoring, inspection and evaluation of implementation of public investment plans in Vietnam?

1. What is monitoring, inspection and evaluation of implementation of public investment plans in Vietnam?

Pursuant to Article 50 of Decree 40/2020/ND-CP guiding the Law on Public Investment on monitoring, inspection and evaluation of implementation of public investment plans as follows:

1. Monitoring and inspection of public investment plans:

a) Monitor and inspect the formulation, appraisal, approval, assignment of tasks and implementation of public investment plans in compliance with Article 69 in the Law on Public Investment;

b) The Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Finance in guiding ministries, central and local regulatory authorities to monitor and examine annual and midterm public investment plans in accordance with laws on public investment;

c) Ministries, central and local regulatory authorities shall, based on the guidance of the Ministry of Planning and Investment, conduct the monitoring of the implementation of midterm and annual public investment plans, including details about the implementation and disbursement of funds for implementation of public investment projects specified in annual and midterm public investment plans of ministries, central and local regulatory authorities;

d) Provincial-level People’s Committees shall, based on the guidance of the Ministry of Planning and Investment, conduct and provide lower-level departments, sectors and People’s Committees with guidance on monitoring of the implementation of midterm and annual public investment plans, including details about the implementation and disbursement of funds for implementation of public investment projects specified in local annual and midterm public investment plans;

dd) The Ministry of Finance shall be responsible for monitoring and preparing general review reports on the disbursement of funds for implementation of public investment projects using the state budget capital.

2. Evaluating the implementation of public investment plans:

a) Ministries, central regulatory authorities and provincial-level People’s Committees shall carry out the evaluation of the implementation of midterm and annual public investment plans, according to regulations laid down in Article 70 in the Law on Public Investment; prepare review reports on implementation, results achieved from such implementation, unsolved issues and restrictions arising from midterm and annual public investment plans for submission to the Ministry of Planning and Investment;

b) The Ministry of Planning and Investment shall lead and cooperate with relevant authorities in reporting to the Prime Minister on the followings: Evaluation of the implementation of midterm public investment plans in the middle period in the third year of a midterm public investment plan and in the entire period in the final year of implementation of a midterm public investment plan; evaluation of the implementation of an annual public investment plan in September each year and before March 31 of the following year;

c) All-level People’s Committees shall conduct the evaluation of the implementation of public investment plans following instructions given by the Ministry of Planning and Investment, and provincial-level People’s Committees.

2. What is national communication system and database regarding public investment activities in Vietnam?

Pursuant to Article 51 of Decree No. 40/2020/ND-CP guiding the Law on Public Investment, national communication system and database regarding public investment activities are as follows:

1. General use regulations:

a) Data and information acquired and stored in the national database of public investment activities shall be data, information and original materials of public investment programs and projects. In case the hardcopy data and online ones posted on the national system are different, the information recorded in the system shall be deemed as a basis to formulate, assess and assign tasks of midterm and annual public investment plans;

b) Public investment projects shall not have access to disbursements in the absence of the schedule and data on assignment of tasks of annual public investment plans on the system;

c) Organizations and individuals using the system shall be responsible for the accuracy of the updated data of each authority on the system;

d) Organizations and individuals using the system must use the Government’s specialized digital signatures for uploading reports on the system;

dd) Regulations laid down in this Article shall not be applied to projects subject to the state secret requirement.

2. Regulations on accounts used for logging in the system:

a) Log-in accounts must be managed in a concentrated manner on the system developed by the Ministry of Planning and Investment;

b) Entities and persons participating in or involved in public investment, management and use of public investment capital shall be eligible for signing up for access to the system. The Ministry of Planning and Investment shall grant accounts based on registration information, and functions or missions of persons and entities joining the system;

c) Ministries, central and local regulatory authorities shall be granted accounts to have access to the system to monitor and update information on their public investment programs, projects and plans;

d) Application for registration for use of accounts to have access to the system shall be submitted online on the system at the website address https://taikhoan.mpi.gov.vn. Information must be updated to grant permission for registration of use of accounts shall include:

- Information of the authorized individual account user: full name, old or new ID card number; mobile number; email address;

- Information about the institutional account user: Name of the institution; information about the institution’s head: full name, old or new ID card number, mobile number, email address; photocopy of the decision on establishment of the institution;

dd) Main accounts of Ministries, central and local regulatory authorities shall be used for verifying account sign-up information of project or program regulatory authorities, owners and management units under their control;

e) Users must change their first passwords within 1 day of successful registration of their accounts. They shall be prohibited from disclosing their passwords to any person unauthorized for access to or input of updated information on the system. In case of changing the account user, the account recipient must change their password and information about the person authorized to manage and use the account on the system.

3. Procedures and processes required on the system shall comprise the followings:

a) Design, assess, assign tasks and make adjustment of midterm public investment plans;

b) Design, assign tasks and make adjustment of annual public investment plans;

c) Make review reports on implementation of public investment plans;

d) Monitor and evaluate public investment programs and projects;

dd) Manage, store and public disclose data in accordance with regulations in force.

4. Regulations on the formulation, assessment and assignment of tasks of midterm public investment plans for use of the central government’s budget capital on the system

a) The Ministry of Planning and Investment shall announce the total estimated capital amount of ministries, central and local regulatory authorities as a basis to assess capital sources and the capacity to balance capital and decide on investment policies for public investment projects and projects in the following period as prescribed in clause 2 of Article 55 in the Law on Public Investment on the system;

b) Ministries, central regulatory authorities and provincial-level People's Committees shall prepare and finalize midterm public investment plans according to clause 4 and 5 of Article 55 in the Law on Public Investment, and send them to the Ministry of Planning and Investment through the system;

c) By the end of January 31 of the fifth year of the previous midterm public investment plan, based on data that ministries, central and local regulatory authorities upload on the system, the Ministry of Planning and Investment shall close the system, carrying out the appraisal of plans for allocation of the central government’s budget capital for implementation of midterm public investment plans of ministries, central and local regulatory authorities according to regulations in force. During the appraisal process, the data shall be sent back to ministries, central and local regulatory authorities for the purposes of completing and returning to the Ministry of Planning and Investment through the system;

d) Based on the appraisal opinions of the Ministry of Planning and Investment, ministries, central and local regulatory authorities shall finalize midterm public investment plans in the subsequent period and return them to the Ministry of Planning and Investment via the system;

dd) Based on the completed plans of ministries, central and local regulatory authorities on the system, the Ministry of Planning and Investment shall submit general reports on national midterm public investment plans to the Government;

e) The Ministry of Planning and Investment shall be responsible for sending notifications to ministries, central and local regulatory authorities about midterm public investment plans after receipt of the Prime Minister’s authorization through the system.

5. Regulations on assignment of tasks of midterm public investment plans using the local government’s budget capital on the systems of the People's Committees at all levels shall be responsible for authorizing their public investment management authorities under their jurisdiction to manage and update the project portfolios and capital amounts on the system within 14 days from the date of authorization of midterm public investment plans using the local government’s budget capital.

6. Regulations on the revision of midterm public investment plans for use of the central government’s budget capital on the system:

a) When wishing to adjust any midterm public investment plan for use of the central government’s budget capital, ministries, central and local regulatory authorities shall make reports on the situations of implementation thereof and post updated recommendations about any possible adjustments and send them all to the Ministry of Planning and Investment through the system;

b) The Ministry of Planning and Investment shall make the assessment of midterm public investment plans for use of the central government’s budget capital of ministries, central and local regulatory authorities on the system and then sending assessment reports to competent authorities to seek their decisions;

c) After receipt of competent authorities’ decisions on revision of midterm public investment plans for use of the central government’s budget capital of ministries, central and local regulatory authorities, the Ministry of Planning and Investment shall be responsible for sending notifications and providing updated data about such revision through the system.

7. Regulations on the revision of midterm public investment plans for use of the local government’s budget capital on local authorities’ systems

The People's Committees at all levels shall be responsible for authorizing their public investment management authorities under their jurisdiction to give updates on the revision of midterm public investment plans for use of the local government’s budget capital on the system within 07 days of receipt of revision decisions.

8. Regulations on the formulation and assignment of tasks of midterm public investment plans for use of the local government’s budget capital on the system

a) The Ministry of Planning and Investment shall issue notifications about the estimated allocations of the central government’s budget capital to Ministries, central and local regulatory authorities for implementation of the subsequent year’s public investment plans according to regulations laid down in clause 7 of Article 56 in the Law on Public Investment on the system;

b) Ministries, central and local regulatory authorities shall prepare annual public investment plans according to clause 6 and 8 of Article 56 in the Law on Public Investment on the system;

c) Based on plans for detailed allocation of the central government’s budget capital for implementation of public investment plans in the subsequent year, portfolio and allocated amounts used for implementation of specific projects of Ministries, central and local regulatory authorities, the Ministry of Planning and Investment shall prepare general reports for submission to the Government and then monitor implementation of these plans on the system.

9. Regulations on the formulation and assignment of tasks of annual public investment plans for use of the local government’s budget capital on the system

Based on annual public investment plans for use of the local government’s budget approved by competent authorities, the People's Committees at all levels shall take charge of the formulation and assignment of tasks of annual public investment plans for use of the local government’s budget on the system.

10. Regulations on the revision of annual public investment plans for use of the local government’s budget capital on the system

a) With respect to the revision of annual public investment plans for use of the central government’s budget under the authority of ministers, heads of central regulatory authorities and Presidents of provincial-level People’s Committees: After deciding on the revision of public investment plans, ministries, central and local regulatory authorities shall provide updated data on any adjustment on the system within 07 days of receipt of revision decisions;

b) With respect to the revision of annual public investment plans for use of the central government’s budget under the authority of the National Assembly or the National Assembly’s Standing Committee:

- When wishing to adjust any midterm public investment plan, ministries, central and local regulatory authorities shall make reports on the situations of implementation thereof and post updated recommendations about any possible adjustments, and send them all to the Ministry of Planning and Investment through the system;

- The Ministry of Planning and Investment shall make a general report on recommendations about the revision of public investment plans of ministries, central and local regulatory authorities on the system and then sending them to competent authorities to seek their decisions;

- After receipt of competent authorities’ decisions on revision of public investment plans of ministries, central and local regulatory authorities, the Ministry of Planning and Investment shall be responsible for sending notifications and providing updated data about such revision through the system.

11. Regulations on the revision of annual public investment plans for use of the local government’s budget capital on the system

The People's Committees at all levels shall be responsible for authorizing their public investment management authorities under their jurisdiction to give updates on the revision of annual public investment plans for use of the local government’s budget capital on the system within 07 days of receipt of revision decisions.

12. Making review reports on implementation of public investment plans

a) Owners of public investment projects funded by the state budget shall report on the codes of units having budgetary relationships with these projects (with respect to projects that have been codified and have not yet been updated on the system); data on implementation and disbursement of funds for implementation of plans for implementation of projects within the month (from the 15^th of the previous month to the 14^th of the month in the reporting period); colored scans of project documents, including decisions on investment policies and decisions on investment decisions and adjusted investment decisions (if updates have not yet been made on the system or new decisions are made) according to specific projects before the 18^th of the month in the reporting period;

b) On a periodic basis, on the 22^nd of every month, ministries, central and local regulatory authorities shall report on the system on consolidated data about the implementation and disbursement of funds for implementation of plans for public investment of the state budget (from 15^th of the prior month to the 14^th of the month in the reporting period) of ministries, central and local regulatory authorities, depending on each capital source; the evaluation of the implementation and disbursement of funds for implementation of plans for investment of the state budget; the analysis of the achieved results, unsolved issues, difficulties, challenges and causes; and recommended solutions.

13. Sharing and synchronizing data

a) The Ministry of Planning and Investment shall be responsible for sharing and synchronizing information about public investment plans authorized on the system with the TABMIS system or other application systems of the Ministry of Finance to provide midterm and annual public investment budgets for projects controlled and settled via the State Treasury in order to support the State Treasury's spending control;

b) The Ministry of Finance shall be responsible for sharing and synchronizing information about the disbursement of funds for specific projects controlled and settled through the State Treasury on the TABMIS system or other application systems of the Ministry of Finance with the system of the Ministry of Planning and Investment as a basis to report on implementation of public investment plans of ministries, central and local regulatory authorities.

Best Regards!