Vietnam: Application and documentation requirements for assessment of public investment projects from April 06, 2020

According to Article 18 of Decree No. 40/2020/NĐ-CP of Vietnam’s Government, application and documentation requirements for the assessment of public investment projects without construction components applied from April 06, 2020 shall include the followings:

- Request or application forms for assessment of public investment projects, clearly stating project necessity or significance; main objectives and components of feasibility study reports; recommendation to competent authorities for grant of approval decisions on public investment projects;

- Feasibility study reports for public investment projects that are made in compliance with Article 44 in the Law on Public Investment of Vietnam;

- Reports issued by Vietnamese Fatherland Front Committees at any respective level that synthesize opinions from communities where projects are executed with respect to those projects prescribed in Article 74 in the Law on Public Investment of Vietnam;

- Any other relevant documents that are necessary for the assessment of public investment projects.

Application and documentation requirements for the assessment of public investment projects with construction components shall be subject to law on construction and opinions from communities as provided in point c of clause 1 of this Article and other provisions of relevant laws.

Besides, Decree No. 40/2020/NĐ-CP also stipulates that subject matters of the assessment of public investment projects without construction components shall be as follows:

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

- Conformity of public investment projects with investment policies approved by competent authorities;

- Components of feasibility study reports for public investment projects, subject to clause 2 of Article 44 in the Law on Public Investment of Vietnam;

- Correspondence between total investment capital and allocated investment capital balance according to annual and mid-term investment plans; investment capital proportions, capacity to balance public investment capital and mobilization of other funds and resources for implementation of public investment projects; evaluation of costs of operation, maintenance, care and major overhaul incurred during the period of exploitation of public investment projects;

- Widespread effects of public investment projects on development of industries, sectors, territories and localities; on creation of additional budget revenues, employment, income and lives of residents; effects on environment and sustainable development.

Note: The required number of sets of application or request documents for the assessment submitted to the Assessment Council or the authority presiding over the assessment shall be 10 sets.

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

Le Hai

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