Vietnam: Investment in group B and group C emergency projects funded by the central government budget

Decree No. 120/2018/NĐ-CP of Vietnam’s Government was issued on September 13, 2018. One of the notable contents of this Decree is the regulation on procedures for issuing decisions on guidelines for investment in group B and group C emergency projects funded by the central government budget, which was previously specified in Decree No. 136/2015/NĐ-CP of Vietnam’s Government.

Phân loại dự án đầu tư xây dựng theo Nghị định 15/2021/NĐ-CP

Specifically, according to Clause 3 Article 2 of Decree No. 120/2018/NĐ-CP of Vietnam’s Government amending Article 14 of Decree No. 136/2015/NĐ-CP, procedures for issuing decision on guidelines for investment in group B and group C emergency projects funded by the central government budget are specified as follows:

- Regarding the project under the management of ministries, heads of ministries shall decide on the emergency and have the responsibility to:

+ assign the unit licensed to carry out surveys and prepare a report on proposed investment guidelines;

+ assign the unit licensed to appraise projects;

+ direct the unit specified in Point a of this Clause to submit a complete report on proposed investment guidelines to the Prime Minister, Ministry of Planning and Investment, Ministry of Finance and central government ministries related to the emergency project.

- Regarding the project under the management of a province, the People’s Committee of the province shall decide on the emergency and have the responsibility to:

+ assign a specialized agency or the People’s Committee of the district to prepare a report on proposed investment guidelines;

+ assign the Department of Planning and Investment to take charge and cooperate with relevant departments and ministries in appraising the report on proposed investment guidelines;

+ direct the agency specified in Point a Clause 2 Article 14 of Decree No. 136/2015/NĐ-CP to submit a complete report on proposed investment guidelines according to the appraised report specified in Point b Clause 2 Article 14 of Decree No. 136/2015/NĐ-CP to the Department of Planning and Investment, which will submit a consolidated report to the People's Committee of the province, which will submit it to the Prime Minister, Ministry of Planning and Investment, Ministry of Finance and central government ministries related to emergency projects.

- The Ministry of Planning and Investment shall take charge and cooperate with the Ministry of Finance to consider the possibility of providing additional funding from the annual state budget to execute emergency projects or works to be completed during the plan year, and request the Prime Minister to issue a decision on investment guidelines and provision of additional funding from the annual central budget.

- The Prime Minister shall issue a decision on the emergency project investment guidelines, including objectives, scope, total investment, location, progress, capital structure with particular attention paid to the capital provided by the central government budget for investment in these projects.

Decree No. 120/2018/NĐ-CP of Vietnam’s Government came into force from September 13, 2018.

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