Ensuring public disclosure and transparency for public investment activities in Vietnam

Ensuring public disclosure and transparency for public investment activities in Vietnam
Nguyễn Trinh

The Law on Public Investment 2014 of Vietnam was issued on June 18, 2014 and officially effective from January 01, 2015. One of the outstanding contents of this Law is the regulation on rules and contents of public investment management.

Specifically, according to Article 12 of the Law on Public Investment 2014 of Vietnam and Clause 2 Article 5 of the Law on amendments to some articles concerning planning of 11 laws in 2018, rules of public investment management include:

- Observe legal regulations on the management and use of the budget capital for public investment.

- Conform to socio-economic development strategy, five-year socio-economic development plan, socio-economic development planning and sectoral development planning.

- Exercise proper rights and responsibilities of State management agencies, organizations and individuals involved in the management and use of the budget capital for public investment.

- Manage the use of the budget capital for public investment according to appropriate regulations on each capital source; ensure sufficiency, consistency, cost efficiency, effectiveness and capability of balancing all relevant resources for public investment activities; avoid any possible loss and mismanagement.

- Ensure public disclosure and transparency for public investment activities.

- Encourage organizations and individuals to carry out direct investment or investment activities in the form of public-private partnership for socio-economic infrastructural and public utility development projects.

Contents of public investment management are specified in Article 13 of the Law on Public Investment 2014 of Vietnam, including:

- Issue and follow legislative documents about public investment.

- Design and implement the strategy, program, plan, planning, initiative and policy for public investment.

- Keep track of and provide information about the management and use of the budget capital for public investment.

- Evaluate the effectiveness of public investment activities; examine and inspect the compliance with legal regulations on public investment as well as plan or planning for public investment.

- Handle any violation, settle complaints or denunciations from organizations and individuals involved in public investment activities.

- Commend agencies, organizations, units and individuals that gain excellent achievements in public investment activities.

- Enter into international cooperation on public investment.

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