Vietnam: 06 subject matters of the assessment of an investment policy for a group-A, B or C public investment project

On April 06, 2020, the Government of Vietnam issued Decree No. 40/2020/NĐ-CP providing detailed regulations on the implementation of several Articles of the Law on Public Investment.

tham dinh CTDT, du an dau tu cong, nhom A, B, C, 40/2020/NĐ-CP

According to Decree No. 40/2020/NĐ-CP of Vietnam’s Government, 06 subject matters of assessment of pre-feasibility study reports or investment policy recommendation reports for group-A, B or C public investment programs or projects include:

- Necessity of investment in the public investment project;

- Conformity of components of application or request documentation for the assessment to laws;

- Relevance of the project to strategic objectives; related plans and planning schemes provided for in law on planning;

- Conformance to criteria for classification of group-A, B or C public investment projects;

- Assessment subject matters prescribed in Article 30 and 31 in the Law on Public Investment, including specific assessments of basic components of the public investment project like investment objectives, scale, form, scope, location and size of land necessary for implementation of the project, time length and schedule, alternatives for main technologies for implementation of the project, environmental protection approaches, funding sources, investment capital balancing capacity; capital recovery and debt repayment capability; intended fund allocation;

- Socio-economic effectiveness, environmental protection and sustainable development.

Besides, durations or time limits for assessment of pre-feasibility study reports or investment policy recommendation reports for group-A, B or C public investment programs or projects after Assessment Councils or authorities presiding over assessment receive valid submitted documents shall be as follows:

- National target programs: Not exceeding 60 days;

- Public investment programs (exclusive of national target programs): Not exceeding 45 days;

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

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

Authorities presiding over the assessment of pre-feasibility study reports and investment policy recommendation reports for public investment programs and projects shall have the burden of consulting with authorities mandated to assess funding sources and capacity to balance investment capital for public investment programs and projects according to the provisions of clause 2, 3 and 4 of Article 33 in the Law on Public Investment of Vietnam during the process of carrying out the assessment of pre-feasibility study reports and investment policy recommendation reports for public investment programs and projects.

View more details at Decree No. 40/2020/NĐ-CP of Vietnam’s Government, effective from April 06, 2020.

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