Vietnam: Subject matters of decisions on group-A, B and C public investment programs or projects

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.

Đầu tư công là gì? Phân loại dự án đầu tư công

According to Decree No. 40/2020/NĐ-CP of Vietnam’s Government, for each decision on a public investment program or project of groups A, B and C, there will be specific decision contents as follows:

- Decisions on investment in public investment programs must contain the following main information: program objectives, scope and scale; total investment and structure of resources used for implementation of programs, including project portfolio, level of allocated public investment capital, mobilization of funding and other sources; capital allocation plans and program implementation progress; associated costs arising in the process of implementation of programs and operating costs after completion of development of programs; component projects of programs; implementation solutions; etc.

- Decisions on public investment projects without construction components shall contain the following main contents: Project name; project owners; bodies providing consultancy for development of projects 9if any); investment objectives, scale and execution progress; project sites; technological designs (if any); technical regulations; total investment capital; funding sources and proposed allocation of capital according to implementation progress; organizational forms of management of projects to be applies; etc.

- Decisions on investment in public investment projects with construction components shall be subject to laws on construction.

Upon receipt of full and valid application or request documentation submitted to seek competent authorities’ decisions on investment in public investment programs or projects, the time limits for issuance of these decisions shall be as follows:

- Public investment programs: Not exceeding 20 days;

- Group-A public investment projects: Not exceeding 15 days;

- Group-B and C public investment projects: Not exceeding 10 days.

Besides, Decree No. 40/2020/NĐ-CP also stipulates that within 15 days after competent authorities issue their decisions on investment in public investment programs or projects:

- Ministries, central regulatory bodies and local authorities administering public investment programs or projects using the central budget's capital must submit them to the Ministry of Planning and Investment and the Ministry of Finance to seek their consent to those programs or projects approved by competent authorities;

- Local authorities at any relevant level that administer public investment programs or projects using the capital of the local governments’ budget must submit them to Departments of Planning and Investment and/or Departments of Finance and/or specialized investment management authorities at the same level shall make their decisions on investment in those programs or projects already obtaining approval from competent authorities.

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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