Vietnam: Amending the responsibility for supervision of PPP projects

According to Clauses 7, 8 Article 1 of Decree No. 01/2020/ND-CP of Vietnam’s Government amending Clauses 3, 4, 6 Article 26 of Decree No. 84/2015/ND-CP, the responsibility for supervision of PPP projects is specified as follows:

- The persons competent to give approval of feasibility study reports shall monitor and inspect the projects under their management. Inspection shall be carried out as follows:

+ Every project with approved feasibility study report shall undergo at least one inspection (according to previous regulation, a project whose investment duration is longer than 12 months shall undergo at least one inspection);

+ Inspection shall be carried out if the location, objectives, scale of the project is changed, or total investment is increased.

- Public investment authorities and specialized authorities shall monitor and inspect projects under their management (Decree No. 01/2020/ND-CP annuls issuers of investment registration certificates in this provision).

- The authority or person competent to decide the investment policies, public investment authority, specialized authority and the investment decision maker shall decide to carry out planned or surprise inspections (issuers of investment registration certificates no longer have this authority).

It can be seen that issuers of investment registration certificates are no longer the subject that monitors and evaluates public investment. Concurrently, the Government of Vietnam tightens the inspection of public investment projects approved by the competent person in the Feasibility Study Report.

View other provisions at Decree No. 01/2020/ND-CP of Vietnam’s Government, effective from January 01, 2020.

Thu Ba

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