Decree No. 02/2020/ND-CP amending and supplementing certain articles of Decree No. 131/2015/ND-CP dated December 25, 2015 of the Government guiding on national key projects.

DECREE

Amending and supplementing certain articles of Decree No. 131/2015/NĐ-CP dated December 25, 2015 of the Government guiding national key projects

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

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

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

Pursuant to the Law on Bidding dated November 26, 2013;

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

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree amending and supplementing certain articles of Decree No. 131/2015/NĐ-CP dated December 25, 2015 of the Government guiding national key projects.

Article 1. Amending and supplementing certain articles of Decree No. 131/2015/NĐ-CP dated December 25, 2015 of the Government guiding national key projects:

1. Amending and supplementing Clause 1 of Article 3 as follows:

"1. National key projects are defined in the Law on Public Investment, the Construction Law 2014, and projects decided by the National Assembly to invest according to the Investment Law 2014, hereinafter referred to collectively as national key projects."

2. Amending and supplementing the title of Section 1 Chapter IV and the contents of Articles 13, 14, 15 as follows:

"SECTION 1

DOCUMENTS AND CONTENT OF THE REVIEW OF THE INVESTMENT POLICY FOR NATIONAL KEY PROJECTS USING PUBLIC INVESTMENT FUNDS

Article 13. Documents submitted for review by the project investor or units under the agency assigned to prepare investment

1. The documents submitted for review include:

a) Request for review;

b) Preliminary feasibility study report;

c) Other related documents.

2. The project investor or units under the agency assigned to prepare investment (hereinafter referred to as the project investor) shall submit 15 sets of project documents in accordance with Clause 1 of this Article to their supervising agency or the agency assigned to prepare investment for internal review in accordance with point b, Clause 1, Article 19 of the Public Investment Law. The time limit for internal review shall not exceed 30 days from the date of receipt of complete and valid documents.

Article 14. Documents submitted for review by the supervising agency of the project investor or the agency assigned to prepare investment

1. The documents submitted for review by the supervising agency of the project investor or the agency assigned to prepare investment (hereinafter referred to as the supervising agency) include:

a) Request to the Prime Minister of the supervising agency;

b) Preliminary feasibility study report (completed according to the internal review comments);

c) Internal review report in accordance with point b, Clause 1, Article 19 of the Public Investment Law;

d) Other related documents.

2. The supervising agency shall submit one set of documents in accordance with Clause 1 of this Article to report to the Prime Minister, and at the same time submit twenty sets of documents to the Ministry of Planning and Investment.

3. Within five working days from the date of receipt of the project documents, the Ministry of Planning and Investment shall report to the Prime Minister to establish the State Review Council in accordance with Article 4 of this Decree.

4. The State Review Council shall review the investment policy for national key projects within ninety days from the date of receipt of complete and valid project documents.

Article 15. Documents of the State Review Council submitted to the Government and of the Government submitted to the National Assembly

1. The documents submitted to the Government by the State Review Council include:

a) Request to the Government of the supervising agency (prepared by the supervising agency after incorporating and completing the project documents according to the comments of the State Review Council);

b) Preliminary feasibility study report completed according to the comments of the State Review Council;

c) Report of the State Review Council;

d) Other related documents.

2. The documents submitted by the Government to the National Assembly in accordance with Article 20 of the Public Investment Law include:

a) The proposal of the Government;

b) Preliminary feasibility study report completed according to the comments of the Government;

c) Report of the State Review Council;

d) Other related documents.”

3. Supplementing Section 4a after Section 4 Chapter IV as follows:

"SECTION 4a

DOCUMENTS AND CONTENT OF THE REVIEW OF THE AMENDMENT TO THE INVESTMENT POLICY FOR NATIONAL KEY PROJECTS USING PUBLIC INVESTMENT FUNDS

Article 23a. Documents for review of investment policy adjustment by the investor or units under the agency tasked with preparing investment

1. The documents for review submitted by the investor or units under the agency tasked with preparing investment (referred to as the investor) shall include:

a) Request for review;

b) Preliminary feasibility study report on adjustment or Feasibility study report on adjustment;

c) Monitoring and evaluation report on adjustment of the investment project;

d) Other related documents.

2. The investor shall submit fifteen sets of project documents in accordance with Clause 1 of this Article to their supervising agency or the agency tasked with preparing investment for internal review in accordance with point b, Clause 2, Article 34 and point b, Clause 1, Article 19 of the Public Investment Law. The internal review period shall not exceed thirty days from the date of receipt of complete and valid documents.

3. The investor shall perfect the project documents based on the review content, prepare documents to submit to the Prime Minister.

Article 23b. Documents for review of investment policy adjustment by the supervising agency of the investor or the agency tasked with preparing investment

1. The documents submitted for review by the supervising agency of the project investor or the agency assigned to prepare investment (hereinafter referred to as the supervising agency) include:

a) Government proposal of the supervising agency;

b) Preliminary feasibility study report on adjustment or Feasibility study report on adjustment (completed according to internal review comments);

c) Internal review report in accordance with Clause 2, Article 23a of this Decree;

d) Monitoring and evaluation report on adjustment of the investment project (prepared by the investor);

đ) Other related documents.

2. The supervising agency shall submit one set of documents in accordance with Clause 1 of this Article to report to the Prime Minister, and at the same time submit twenty sets of documents to the Ministry of Planning and Investment.

3. Within five working days from the date of receipt of the project documents, the Ministry of Planning and Investment shall report to the Prime Minister to establish the National Review Board in accordance with Article 4 of this Decree.

4. The National Review Board shall review the adjustment of the investment policy for important national projects within ninety days from the date of receipt of complete and valid project documents.

Article 23c. Documents of the National Review Board submitted to the Government and of the Government submitted to the National Assembly

1. The documents submitted to the Government by the State Review Council include:

a) Government proposal of the supervising agency (prepared by the supervising agency after incorporating and completing the project documents according to the National Review Board's review comments);

b) Preliminary feasibility study report on adjustment or Feasibility study report on adjustment completed according to the National Review Board's review comments;

c) Report of the State Review Council;

d) Documents specified in points c, d, and đ, Clause 1, Article 23b of this Decree (prepared by the supervising agency and the investor).

2. The Government's documents submitted to the National Assembly in accordance with the corresponding provisions of Article 20 of the Public Investment Law shall include:

a) The proposal of the Government;

b) Preliminary feasibility study report on adjustment or Feasibility study report on adjustment completed according to the Government's comments;

c) Report of the State Review Council;

d) Documents specified in point d, Clause 1 of this Article.

Article 23d. Content of review of investment policy adjustment for important national projects using public investment capital

All adjustment contents must be reviewed; the corresponding review contents shall be carried out in accordance with Article 16 of this Decree.”

4. Amend the title of Section 1 Chapter V and the content of Article 28 as follows:

"SECTION 1

DOCUMENTS AND CONTENT OF REVIEW FOR INVESTMENT DECISION ON PROJECTS

Article 28. Documents for review
1. Documents reported by the investor to the supervising agency shall include:
a) Request for review;
b) Feasibility study report;
c) Resolution of the National Assembly approving the investment policy for important national projects;
d) Other related documents.
2. Documents for review submitted by the supervising agency shall include:
a) Request to the Prime Minister of the supervising agency;

b) Feasibility study report;

c) Resolution of the National Assembly approving the investment policy for important national projects;

d) Other related documents.

3. The supervising agency shall submit one set of documents in accordance with Clause 2 of this Article to report to the Prime Minister, and simultaneously submit twenty sets of documents to the Ministry of Planning and Investment.

4. Within five working days from the date of receipt of complete project documents, the Ministry of Planning and Investment shall report to the Prime Minister to establish the National Review Board in accordance with Article 4 of this Decree.

5. The National Review Board shall review the important national project documents within ninety days from the date of receipt of valid project documents.

6. Documents of the National Review Board submitted to the Prime Minister for consideration and decision on investment projects shall include:

a) Proposal to the Prime Minister of the supervising agency (prepared by the supervising agency after incorporating and completing the project documents according to the National Review Board's review comments);

b) Feasibility study report completed according to the National Review Board's review comments, stamped with the review seal by the Standing Office of the National Review Board on the feasibility study report and basic design drawings (if any). The review stamp model shall comply with the laws on construction investment management;

c) Review report of the National Review Board;

d) Resolution of the National Assembly approving the investment policy for important national projects;

đ) Other related documents.”

5. Amend and supplement Article 30 as follows:

“Article 30. Adjustment of National Key Projects

The adjustment of national key projects shall be carried out in accordance with the provisions of Clauses 2, 3, 4, 5 of Article 43 of the Law on Public Investment and Clause 1 of Article 61 of the Construction Law 2014.

6. Amend and supplement Point b of Clause 8 of Article 31 as follows:

"b) A feasibility study report for adjustment that has been completed according to the review opinion of the State Appraisal Council, which has been stamped with the appraisal seal by the Standing Office of the State Appraisal Council on the adjustment feasibility study report file and the adjusted basic design drawings (if any)."

7. Amend and supplement Clause 2 and Clause 3 of Article 33 as follows:

"2. For projects currently under implementation but meeting the criteria of national key projects as stipulated in Article 7 of the Law on Public Investment and Article 30 of the Investment Law 2014, the following procedures shall apply:

a) Such projects shall continue to be implemented; the project investor shall report the implementation status to the investment decision-making authority or the investment registration agency;

b) The investment decision-making authority or the investment registration agency shall report to the Prime Minister for the Prime Minister to consider and instruct the report to the National Assembly at the final session of the year regarding the implementation status of the project;

c) Management of the projects specified in this Clause shall be carried out in accordance with the investment decision, investment registration certificate already issued, or the previously amended investment decisions and investment registration certificates."

3. For projects currently under implementation with changes leading to the project meeting the criteria of national key projects as stipulated in Article 7 of the Law on Public Investment, the following procedures shall apply:

a) Such projects shall continue to be implemented; the project investor shall report to the investment decision-making authority about arising issues;

b) The investment decision-making authority shall report to the Prime Minister; the Prime Minister shall consider and instruct the report to the National Assembly at the final session of the year regarding the implementation status of the project, including the arising issues related to the criteria of national key projects;

c) The procedures and formalities for adjusting the investment policy of the project, and the adjustment of the project shall be carried out in accordance with current regulations applicable to the project or group of projects before adjustment;

d) Management of the projects specified in this Clause shall be carried out in accordance with the laws on national key projects."

Article 2. Implementation clause

1. This Decree shall take effect from January 1, 2020.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government shall be responsible for implementing this Decree./.