Decree No. 01/2020/ND-CP Amending and Supplementing Certain Articles of Decree No. 84/2015/ND-CP dated September 30, 2015 of the Government on Supervision and Evaluation of Investment

DECREE

Amending and supplementing some articles of Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on supervision and evaluation of investment.

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THE GOVERNMENT

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Construction promulgated on June 18, 2014;

On the basis of the Investment Law dated November 26, 2014;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree to amend and supplement some articles of Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on supervision and evaluation of investment.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No. Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on supervision and evaluation of investment

1. Amend Clause 8 of Article 3 as follows:

"8. Investment registration agency"

2. Amend Clause 3 of Article 11 as follows:

"3. Contents of the evaluation of the implementation program in accordance with Article 73 of the Law on Public Investment."

3. Supplement Clause 4 of Article 11 as follows:

"4. Evaluation of the effectiveness of public investment programs:

a) Method for evaluating the effectiveness of public investment programs: comparative method (between actual results/data collected at the time of evaluation and targets/plans set; or between project parameters at the time of evaluation and standard indicators; or combined).

b) Criteria for evaluating the effectiveness of public investment programs: Consistency of the program with national socio-economic goals, socio-economic goals of localities, suitability with the needs of beneficiaries and development policies of sponsors (if any); Degree of achievement of the investment program's objectives according to approved investment decisions; Actual operation and utilization indices of the program compared to approved operation and utilization indices; Economic, social, environmental impacts and other specific development goals (poverty reduction, gender equality, policy households, priority groups, etc.); Measures to minimize negative social and environmental impacts."

4. Amend Clause 3 of Article 18 as follows:

"3. Contents of the evaluation of public investment projects in accordance with Article 73 of the Law on Public Investment."

5. Supplement Clause 4 of Article 18 as follows:

"4. Evaluation of the effectiveness of public investment projects:

a) Method for evaluating the effectiveness of public investment projects: Depending on the scale and nature of the project, comparative method (between actual results/data collected at the time of evaluation and targets/plans set; or between project parameters at the time of evaluation and standard indicators; or combined) or cost-benefit analysis may be used.

b) Criteria for evaluating the effectiveness of public investment projects: Degree of achievement of the project's investment objectives according to approved investment decisions; Actual operation and utilization indices of the project compared to approved operation and utilization indices; Internal Rate of Return (EIRR); Economic, social, environmental impacts and other specific development goals (poverty reduction, gender equality, policy households, priority groups); Measures to minimize negative social and environmental impacts."

6. Amend Clause 3 of Article 25 as follows:

"3. Contents of the evaluation of projects in accordance with Article 73 of the Law on Public Investment."

7. Amend Clause 3 of Article 26 as follows:

"3. The authority approving the Feasibility Study Report shall follow up and inspect projects within its jurisdiction. Inspections shall be conducted as follows:

a) At least one inspection for projects for which it has approved the Feasibility Study Report;

b) Inspection when adjusting projects that change location, objectives, scale, or increase total investment capital."

8. Amend Clause 4 and Clause 6 of Article 26 as follows:

"4. State management agencies for public investment and specialized state management agencies shall follow up and inspect projects within their scope of management.

6. The agency or authority deciding on the investment proposal, state management agencies for public investment, specialized state management agencies, and the authority deciding on investment shall organize inspections of projects according to plans or at random."

9. Amend Clause 1 of Article 27 as follows:

"1. The agency assigned to prepare the Preliminary Feasibility Study Report shall organize the follow-up and inspection of the entire process of preparing the Preliminary Feasibility Study Report of the project and report the following contents:

a) Preparation of the Preliminary Feasibility Study Report of the project;

b) Situation of submission for review and decision on the investment proposal of the project;

c) Difficulties, obstacles, and issues arising during the preparation of the Preliminary Feasibility Study Report and their handling according to authority;

d) Proposals for handling difficulties, obstacles, and issues exceeding authority."

10. Amend Point a of Clause 2 of Article 28 as follows:

"a) Selection of investors; negotiation and signing of the Project Contract;"

11. Amend the name of Article 29 as follows:

“Article 29. The content of supervision by the authority having approval power on the Feasibility Study Report

12. Amend Clause 1 of Article 29 as follows:

"1. Monitor and inspect the selection of investors and the signing of project contracts."

13. Amend the name of Article 30 as follows:

“Article 30. The content of supervision by state management agencies for investment”.

14. Amend Point c of Clause 1 of Article 32 as follows:

"c) In addition to the provisions of Points a and b of this Clause, the authority approving the Feasibility Study Report and the state management agency for public investment shall decide to conduct other assessments as provided for in Clause 4 of Article 2 of this Decree when necessary."

15. Amend Point b of Clause 2 of Article 32 as follows:

"b) The authority approving the Feasibility Study Report is responsible for organizing extraordinary evaluations and impact assessments;"

16. Amend Clause 3 of Article 32 as follows:

"3. The content of evaluating public-private partnership projects shall be carried out in accordance with the provisions of Article 73 of the Public Investment Law."

17. Amend Point a of Clause 2 of Article 36 as follows:

"a. The conformity of the investment project with relevant planning as prescribed by the law on planning."

18. Amend Clause 4 of Article 46 as follows:

"4. Implementation of the public investment plan as prescribed in Article 69 of the Public Investment Law."

19. Amend Clause 4 of Article 47 as follows:

"4. Implementation of the public investment plan as prescribed in Article 69 of the Public Investment Law."

20. Amend Clause 3 of Article 48 as follows:

"3. Evaluation of the public investment plan as prescribed in Article 70 of the Public Investment Law."

21. Amend Clause 1 of Article 49 as follows:

"1. Citizens have the right to supervise investment projects through the Community Investment Oversight Board; the procedures, formalities, and processes for community investment oversight shall be implemented in accordance with the provisions of Article 75 of the Public Investment Law and this Decree."

22. Amend Point a of Clause 2 of Article 49 as follows:

"a. Request competent state management agencies to provide information on national-level planning, regional planning, provincial planning, urban planning, rural planning, and other related planning as prescribed by the law on planning and land use plans as prescribed by the law on land."

23. Amend Point a of Clause 1 of Article 50 as follows:

"a. Monitor and inspect the conformity of the investment decision and investment resolution with the planning and investment plan at the commune level as prescribed by law."

24. Supplement Clause 3 of Article 66 as follows:

"3. Agencies and units implementing supervision and evaluation of investment shall be responsible for training and capacity building to ensure their ability to perform assigned tasks and powers within their own agencies and units."

25. Amend Clause 1 of Article 68 as follows:

"1. The Ministry of Planning and Investment shall compile and report to the Prime Minister on annual comprehensive supervision and evaluation of investment, including the content of the comprehensive supervision and evaluation report on important national projects and group A projects nationwide."

26. Amend Point a of Clause 2 of Article 68 as follows:

"a. Annual comprehensive supervision and evaluation report;"

27. Amend Clause 3 of Article 68 as follows:

"3. The investment registration agency shall prepare and submit to the People's Committee of the province the annual supervision and evaluation report on investment."

28. Supplement Point g of Clause 6 of Article 68 as follows:

"g. Annual report on the work of supervising and evaluating programs and projects under their management."

29. Amend and supplement Clause 8 of Article 68 as follows:

"8. Project sponsors using state development credit funds, government-guaranteed credit funds, loans guaranteed by state assets, land use rights value, funds from the development activity fund, and state-owned enterprise development funds shall prepare and submit to the competent management agency, the authority having investment decision-making power, and the unit responsible for investment supervision and evaluation the following reports:

a. Periodic supervision and evaluation report: First quarter, six months, third quarter, and annually;

b. Supervision and evaluation report before project commencement;

c. Supervision and evaluation report before project adjustment;

d. Project investment evaluation report conducted by themselves;

đ. Pre-supervision and evaluation report before operation commencement (for group C projects);

e. For important national projects and group A projects, they must also submit to the Ministry of Planning and Investment the periodic six-month and annual supervision and evaluation reports, and the reports specified in Points b, c, d, and đ of this Clause.

g. Annual report on the work of supervising and evaluating programs and projects under their management."

Article 2. Repeal

Repeal: Clause 1 of Article 30 and Chapter IX of Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on supervision and evaluation of investment.

Article 3. Implementation Provisions

1. This Decree takes effect from January 1, 2020.

2. The Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People's Committees, Chairpersons of centrally-run city People's Committees, Heads of political organizations, political-social organizations, social-professional organizations, and all related organizations and individuals are responsible for implementing this Decree./.