Decree No. 03/2013/ND-CP provides detailed regulations on the application of capital investment criteria to determine national key projects, the organization and operation mode of the State Appraisal Council, hiring consulting reviews, appraisal costs, procedures for submitting national key projects for appraisal. This document applies to agencies, organizations, and individuals related to the investment in national key projects.
Scope of application
Agencies, organizations, and individuals related to the investment activities of national key projects.
Key points
- This Decree applies to agencies, organizations, and individuals related to the investment in national key projects.
- The capital investment criteria to determine national key projects are calculated based on the price level in June 2010 and converted to the aforementioned time point according to the Price Adjustment Factor.
- The State Appraisal Council is established by the Prime Minister to organize the appraisal of national key projects.
- The responsibilities of the Chairman of the State Appraisal Council include reviewing and approving the working regulations and appraisal plan, convening meetings, assigning responsibilities to Vice Chairmen and other members of the Council.
- The cost of reviewing national key projects is calculated according to current standards, while the appraisal cost is calculated at 20% or 15% of the review cost standard.
🌐 Social impact of this document
- Positive impacts include clear regulations on capital investment criteria, the organization of the State Appraisal Council, and procedures for submission for appraisal, which enhance the management efficiency of national key projects.
- Negative impacts may include additional costs for investors due to regulations on review and appraisal costs, as well as extended preparation time for submission documents.
❓ Frequently asked questions
When is the capital investment criterion to determine national key projects calculated?
The capital investment criterion is calculated based on the price level in June 2010 and converted to the aforementioned time point according to the Price Adjustment Factor.
Who are the members of the State Appraisal Council?
The State Appraisal Council includes the Chairman, Vice Chairmen, and other members appointed by the Prime Minister. The Chairman is usually the Minister of Planning and Investment or another leading official.
How is the cost of reviewing national key projects calculated?
The review cost is calculated according to current standards. The appraisal cost is calculated at 20% or 15% of the review cost standard.
What is the deadline for submitting project files for appraisal of national key projects?
At least 180 days before the Government submits to the National Assembly as stipulated (other cases are decided by the Prime Minister).
To whom does this Decree apply?
This Decree applies to agencies, organizations, and individuals related to the investment in national key projects.
Full text
DECREE
Article 24providing detailed regulations and guidance on the implementation of certain provisions of NResolution No. 49/2010/QH12
dated June 19, 2010 of Article 24the National Assembly on important national projects and works submitted to the National Assembly for investment policy decisions
Article 24bidding Resolution No. 61/2005/QH
___________________________
Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: ficer Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government on December 25thJune 2024;energy 1Based on the Law on Gender Equality dated November 29,1;
Pursuant to the Law 3. Amend Clause 3 Article 2 as follows:1 dated September 29116/2003/QH 11 b) Circular No. 03/2015/TT-BKHĐT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of construction tender documents.
Pursuant to the Law XConstruction number 1 dated August 261supplementing some articles of laws related to basic construction investment No. 38/20June 2024;26, 2003;
Pursuant to the Law Provincial People's Committees set specific prices1. Supplement Clause 15 of Article 2 as follows:, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPi, 9/QH12 dated June 19iBased on Resolution No. 49/2010/QH12 dated June 19, 2010 of the National Assembly on important national projects and works submitted to the National Assembly for investment policy decisions;0the proposal of the Minister of Planning and InvestmentJune 2024;Article 6 of the Law on the National Office of Vietnam Abroad dated November 21, 2017;
article of Resolution No. 49/2010/QH12 dated June 19, 2010 of the National Assembly on important national projects and works submitted to the National Assembly for investment policy decisions1n, works submitted to the National Assembly for investment policy decisions;
||| The undersigned kindly requests Customs Administration to temporarily suspend Customs procedure for the shipment (regarding the Announcement Number... dated... issued by the Customs Administration).° the proposal of the Minister of Planning and Investment;
h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."the Government promulgates this Decreey 5 ||| certain provisions of the Education Law;No. article of Resolution No. 49/2010/QH12 dated June 19, 2010 of the National Assembly on important national projects and works submitted to the National Assembly for investment policy decisionsNo. 49/2010article of Resolution No. 49/2010/QH12 dated June 19, 2010 of the National Assembly on important national projects and works submitted to the National Assembly for investment policy decisions June 2024;n, works submitted to the National Assembly for investment policy decisions,
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree provides detailed guidance on implementing certain provisions of Resolution No. 49/2010/QH12 dated June 19, 2010 of the National Assembly on important national projects and works submitted to the National Assembly for investment policy decisions (hereinafter referred to as Resolution No. 49/2010/QH12), including: Guidance on applying criteria for investment capital (as stipulated in Clause 1 Article 3 and Clause 1 Article 4 of Resolution No. 49/2010/QH12) andon projects and works currently under implementation that arise issues related to project criteriaFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.n, works of national importance (as stipulated in Clause 3 Article 10 of Resolution No. 49/2010/QH12). Regulations on the organization and operation mode of the State Appraisal Council and agencies assigned appraisal tasksa the State Appraisal Council and agencies assigned appraisal tasksappraisal determination; hiring consulting firms for review and calculating appraisal and review costs for important national projects and works; documents and procedures for submitting for appraisal important national projects and worksNo.3. SHP (Shape file) is a data storage format for the geospatial database at the national level.
Article 2. Applicability
This Decree applies to agencies, organizations, and individuals involved in investment activities of important national projects and works.
Chapter II
GUIDANCE ON APPLYING CLAUSE 1 ARTICLE 3, CLAUSE 1 ARTICLE 4 AND CLAUSE 3 ARTICLE 10 OF RESOLUTION NO. 49/2010/QH12
Article 3. Criteria for investment capital to determine important national projects and works as stipulated ini Clause 1 Article 3 and Clause 1 Article 4 of thecouncillORS Resolution No. 49/2010/QH12
Investment capital as stipulated in Clause 1 Article 3 and Clause 1 Article 4 of Resolution No. 49/2010/QH12 is calculated based on the price level in June 2010; when considering whether projects and works meet the criteria for important national projects and works, the investment capital must be converted to the aforementioned time point according to the Consumer Price Index (CPI).ầThe CPI is determined by the General Statistics Office.
Article 4. Projects and works currently under implementation that arise issues related to the criteria for important national projects and works, as stipulated in Clause 3 Article 10 of Resolution No. 49/2010/QH12 specialized agency under the People's Committee of the province/city.Projects and works currently
undergoing the process of implementation as stipulated in Clause 3 Article 10 of Resolution No. 49/2010/QH12 are:
1. Projects and works that have received investment decision (for projects and works using state budget funds or other sources of funding decided by the Prime Minister, Minister, Head of a ministry-level agency, or local People's Committee at all levels in accordance with regulations); ng the electronic medical record for agencies, organizations, and individuals in accordance with Article 7 of this Circular and other relevant regulations of the Minister of Health.Projects and works that have been issued an Investment Certificate (for projects and works not subject to the regulations
a) set forth in Point a Clause 1 of this Article).Deputy ministers of ministerial-level agencies, Year of Graduation DECREES:Projects currently in the process of implementation that arise issues related to
b) projectầworkcouncillORSof national importance stipulated in Clause 3 Article 10
2. of ResolutionìNo. 49/20 0/Q 12 are: After e Resolution No. 49 /2010/QH12 comes into effect, projects and works currently in the process of implementation that experience changes increasing the contents of the projects and works compared to the investment decision, Investment Certificate already issued, or previous adjustment decisions, where these changes fall within the criteria for important national projects and works as stipulated in Resolution No. 49/2010/QH12. Projects and works currently in the process of implementation that arise issues related to one of the criteria for important national projects and works stipulated in Articles 3 and 4 of Resolution No. 49/2010/QH12 continue to be implemented and the investor must report the arising issues to the authority deciding investment for projects and works stipulated in Point a Clause 1 of this Article; or the specialized management ministry and the agency issuing the Investment Certificate for projects and works stipulated in Point b Clause 1 of this Article, for consideration of project adjustments. The procedure and formalities for reviewing project adjustments shall be carried out according to current regulations applicable to the scale of projects (project groups) before adjustment.1The authority deciding investment for projects and works stipulated in Point a Clause 1 of this Article or the specialized management ministry for projects and works stipulated in Point b Clause 1 of this Article must report to the Prime Minister for the Prime Minister to consider and approve the policy before adjustment and instruct reporting to the National Assembly at the end-of-year session on the implementation status of the project, including issues arising from the criteria for important national projects and works.HORGANIZATION AND OPERATING MODE OF THE STATE APPRAISAL COUNCIL AND AGENCIES ASSIGNED APPOINTED APPOINTMENT TASKS khi Resolution No. 49/2010/QH12 in effect, projects and workscurrently under implementationshall if there is an increase in the contents of the project or work compared to the investment decision, the investment certificate already issued, or previous adjustment decisions, and these changes meet the criteria for national key projects as stipulated in Resolution No. 49/2010/QH12.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.Projects and works currently under implementation that encounter issues falling within any of the criteria for national key projects as defined in Article 3 and Article 4 of Resolution No. 49/2010/QH12 shall continue their implementation, and the investor must report such issues to the competent authority for investment decisions concerning projects and works specified in Point a Clause 1 of this Article; or the specialized management ministry and the agency issuing the investment certificate concerning projects and works specified in Point b Clause 1 of this Article, for consideration of project adjustments. The procedures and formalities for reviewing and adjusting projects shall be carried out according to current regulations applicable to the scale of projects (project groups) before adjustment. Installation The competent authority for investment decisions concerning projects and works specified in Point a Clause 1 of this Article or the specialized management ministry for projects and works specified in Point b Clause 1 of this Article must report to the Prime Minister for the Prime Minister's approval on the principle before adjustment and instruct reporting to the National Assembly at the final session of the year regarding the implementation of the project, including issues arising from the criteria for national key projects.hORGANIZATION AND MODE OF OPERATION OF THE NATIONAL APPRAISAL BOARD AND THE AGENCY ASSIGNED THE TASK OF APPRAISALệThe discussion and approval of the contents of the appraisal of national key projects submitted to the Prime Minister must be approved by at least two-thirds of the members of the National Appraisal Board.ớThe opinions of the members of the National Appraisal Board are obtained through voting at meetings or by written submission to the Board.ầThe National Appraisal Board will dissolve itself after completing its assigned tasks as stipulated.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsArticle 6. Responsibilities of the Chairman of the National Appraisal Board, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPExamine and approve the operating regulations of the National Appraisal Board, the appraisal plan after the National Appraisal Board has provided comments, decide to convene meetings of the National Appraisal Board, chair sessions, assign responsibilities to Vice Chairmen and other members of the National Appraisal Board. trDecide to establish a multi-disciplinary expert team or an assistance team for the Appraisal Board as needed.
3. In necessary cases, the Chairman of the National Appraisal Board may delegate the authority to the Vice Chairman to convene and chair sessions of the National Appraisal Board or report certain contents or tasks directly handled by the Vice Chairman to the Government.policiesDecide on the hiring and selection of consultants for the appraisal of national key projects in accordance with Articles 13 and 14 of this Decree.ầArticle 7. Responsibilities of the Vice Chairman of the National Appraisal BoardonAssist the Chairman in directing the activities of the Board; monitor and implement tasks assigned by the Chairman, regularly report on the situation and results of the Board's operations.
4. The multi-disciplinary expert team has the following tasks:
Chapter III
Develop the appraisal plan for national key projects (in accordance with the model attached to this Decree) to submit to the National Appraisal Board or the agency assigned the task of appraisal;
Article 5. Organization and tasks of the National Appraisal Council
1. The National Appraisal Council shall be established by the Prime Minister for each project or construction work according to the project.ìIt has the task of organizing the appraisal of important national projects (Preliminary Feasibility Study Report and/or Detailed Feasibility Study Report) to report to the Prime Minister for investment decision or to submit to the National Assembly for approval of the investment policy.
2. The National Appraisal Council consists of the Chairman, Vice-Chairman, and other members of the Council. The Chairman of the National Appraisal Council is the Minister of Planning and Investment or another agency leader decided by the Prime Minister;policies the Vice-Chairman and other members Examination Board are representatives Lead and coordinate with relevant agencies to guide and inspect activities related to Vietnamese citizens' emigration; of ministries and sectors,, agencies, lexpertsuappointed Prime Minister by the Prime Minister organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.based onon the proposal ofa the Chairman of the Appraisal CouncilFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.The number of members of the Appraisal Council should be odd to ensure the principle of majority voting.. The Chairman and members of the National Appraisal Council are responsible before the Prime Minister for the organization and activities of the appraisal according to the assigned tasks, opinions on the results of the appraisal, conclusions, and recommendations of the National Appraisal Council on the contents of important national projects.h of house For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.The National Appraisal Council examines and decides issues related to working regulations, program, and work plan of the Council and other related issues during the process of appraising important national projects.No. The National Appraisal Council operates under the collective leadership of the Chairman. A session of the National Appraisal Council is considered valid when at least 50% of the members attend (including those authorized). Conclusions are agreed upon according to the principle of majority; specifically, the final conclusions on the contents of the appraisal of important national projects submitted to the Prime Minister must be approved by at least 2/3 of the members of the National Appraisal Council. Opinions of the members of the National Appraisal Council are taken through voting at meetings or by written submission to the Council.
3. The National Appraisal Council dissolves itself after completing the appraisal work as prescribed. trArticle 6. Responsibilities of the Chairman of the National Appraisal Council
4. Examine and approve the working regulations of the National Appraisal Council, the appraisal plan after the Council's opinion, decide to convene meetings of the National Appraisal Council, chair sessions, assign responsibilities to the Vice-Chairman and other members of the National Appraisal Council.u2. Decide to establish a multi-sectoral expert team or a support team for the Council as needed.rime Minister cIn necessary cases, the Chairman of the National Appraisal Council may authorize the Vice-Chairman to convene and chair meetings of the National Appraisal Council or report certain contents or work directly supervised by the Vice-Chairman to the Government.
5. Decide on hiring and selecting consultants to review important national projects in accordance with Articles 13 and 14 of this Decree. CArticle 7. Responsibilities of the Vice-Chairman of the National Appraisal Council commission Assist the Chairman in directing the activities of the Council; monitor and implement the tasks of the Council assigned by the Chairman, regularly report on the situation and results of the Council's implementation.policiesAppraise the contents assigned;No.Prepare additional or amended documents as requested by members of the National Appraisal Board or other assistance teams during the appraisal process, to submit to the National Appraisal Board or the agency assigned the task of appraisal;
6. Carry out tasks to assist the National Appraisal Board or the agency assigned the task of appraisal in selecting consultants (if consulting services need to be hired) in accordance with Article 13 of this Decree;rime Minister cd) Summarize the opinions of the members of the National Appraisal Board, propose, and submit to the Chairman of the National Appraisal Board or the head of the agency assigned the task of appraisal for review and decision on issues needing resolution during the appraisal process;
Draft the appraisal report of the National Appraisal Board or the agency assigned the task of appraisal to submit to the Chairman of the National Appraisal Board or the head of the agency assigned the task of appraisal for review and signature to submit to the Prime Minister;
1. g) Perform other assigned tasks.
(In case the Prime Minister does not establish the National Appraisal Board)ồThe agency assigned the task of appraisal reports on the results of the appraisal, conclusions, and recommendations on the contents of national key projects;
3. national key projects; commission national key projectsồDecisionrime Minister cdomestic and foreign consultants (hereinafter referred to collectively as consultants) hired by the National Appraisal Board or the agency assigned the task of appraisal to perform one or more parts of the appraisal content of the project or work. trwork of the appraisal. In cases where it is necessary to hire foreign consultants or joint ventures between domestic and foreign consultants to appraise national key projects, the Chairman of the National Appraisal Board or the head of the agency assigned the task of appraisal shall report to the Prime Minister for approval.
4. The Chairman of the National Appraisal Board or the head of the agency assigned the task of appraisal approves the results of the consultant selection. In cases where consultants cannot be selected, the multi-disciplinary expert team shall issue a report to the Chairman of the National Appraisal Board or the head of the agency assigned the task of appraisal to select other consultants and proceed with the consultant selection process as stipulated above..
6. The multi-disciplinary expert team invites the selected consultants to negotiate and finalize the contract for the appraisal of the project. The contract is signed by the National Appraisal Board or the agency assigned the task of appraisal with the selected consultant.inon-state organizations;
1. Assist the Chairman of the Council in directing the activities of the Council; monitor and perform tasks assigned by the Chairman of the Council, responsible for reporting regularly on the situation and results of the Council's implementation.policiest results of the Council's implementation..
2. Assist the Chairman in reviewing and evaluating specialized reports and other activities of the Council to submit to the Prime Minister.
Article 8. Responsibilities of Members of the National Appraisal Council
1. Review and provide opinions on the contents of the appraisal of national key projects within the scope of functions and tasks of the Ministry, agency, and locality under their management, and on general issues of national key projects. trMobilize human resources, working tools, research bases under their management to complete assigned tasks.
2. Fully attend meetings of the National Appraisal Council, exchange and contribute opinions on reviewed and appraised contents, and vote on conclusions of the National Appraisal Council when necessary. In case of special circumstances where attendance is impossible, members of the National Appraisal Council must submit their opinions in writing, while authorizing representatives to attend. The opinion of the authorized representative is considered the opinion of the authorizing member.
3. Article 9. Tasks of the Standing Office of the National Appraisal CouncilnationalMobilize staff to assist the Chairman of the National Appraisal Council in organizing project appraisal work and the Council's common activities; coordinate with relevant agencies, cross-sectoral expert teams, and consulting review bodies to implement appraisal tasks.amendReceive and examine project files, send project files to Council members and related agencies and units. commission Prepare all consulting review contracts, acceptance certificates, and other relevant documents to serve the settlement and finalization of appraisal and review costs for national key projects and works.
Carry out other tasks assigned by the Chairman of the National Appraisal Council.
The Permanent Office of the National Appraisal Council is the Ministry of Planning and Investment, which has the following tasks:
1. Article 10. Tasks of the Cross-Sectoral Expert TeamnationalThe Cross-Sectoral Expert Team is established to assist the National Appraisal Council or the agency tasked with appraisal (as stipulated in Article 11 of this Decree), comprising experts from ministries, sectors, localities, and related agencies.
2. The Cross-Sectoral Expert Team has the following tasks:
3. Develop the plan for appraising national key projects (in accordance with the model attached as an appendix to this Decree) and submit it to the National Appraisal Council or the agency tasked with appraisal;specialized agency under the People's Committee of the province/city. Appraise the assigned contents;nationalPrepare additional and amended content requirements for project files based on proposals from National Appraisal Council members and other supporting teams during the appraisal process, and submit them to the National Appraisal Council or the agency tasked with appraisal;
4. Perform tasks to assist the National Appraisal Council or the agency tasked with appraisal in selecting consulting review bodies (when required to hire consulting review bodies) as stipulated in Article 13 of this Decree;id) Summarize the opinions of National Appraisal Council members, propose, and submit to the Chairman of the National Appraisal Council or the head of the agency tasked with appraisal for consideration and decision on issues that need to be addressed during the appraisal process;
Draft the appraisal report of the National Appraisal Council or the agency tasked with appraisal for submission to the Chairman of the National Appraisal Council or the head of the agency tasked with appraisal for examination and signature before submitting to the Prime Minister;
1. g) Perform other assigned tasks.
2. The inter-ministerial expert appraisal team has the following tasks:
a) Develop the plan for appraising important national projects and works (in accordance with the model attached as an appendix to this Decree) to be submitted to the State Appraisal Council or the agency tasked with the appraisal mission;
b) THErime Minister cDetermine the contents assigned;
c) Prepare additional or amended content in the dossier according to the request of members of the State Appraisal Council and other supporting teams during the appraisal process, to be submitted to the State Appraisal Council or the agency tasked with the appraisal mission;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Submit the additional or amended content in the dossier according to the request of members of the State Appraisal Council and other supporting teams during the appraisal process, to be submitted to the State Appraisal Council or the agency tasked with the appraisal mission;
d) Carry out tasks to assist the State Appraisal Council or the agency tasked with the appraisal mission in selecting review consultants (if necessary to hire review consultants) in accordance with Article 13 of this Decree;nationald) Summarize the opinions of members of the State Appraisal Council, propose, and submit to the Chairman of the State Appraisal Council or the head of the agency tasked with the appraisal mission for consideration and decision on issues that need to be resolved during the appraisal process;
e) Draft the report of the State Appraisal Council or the agency tasked with the appraisal mission for submission to the Chairman of the State Appraisal Council or the head of the agency tasked with the appraisal mission for review and signature before submitting to the Prime Minister;
e) f) Perform other tasks assigned.rime Minister cassigned
p the Prime Minister does not establish a State Appraisal Council).
Article 11. Organization and tasks of the agency entrustednationalreceived, evaluations of the results of the appraisal, conclusions, and recommendations of the agency tasked with the appraisal mission regarding the contents of important national projects and works; Pursuant to Decree No. 111/2021/NĐ-CP dated December 9, 2021 of the Government amending and supplementing certain articles of Decree No. 14/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling; VIETNAMESE VALUATION STANDARDS
1. The agency entrusted with the task of reviewing is the agency entrusted by the Prime Minister to take the lead in organizing the review of national important projects and works (in cases where the Prime Minister does not establish a National Review Council).nationalorts of national importance;
2. The agency entrusted with the task of reviewing shall have the following responsibilities:
a) Decide on the establishment of the Inter-ministerial Expert Review Team and/or other supporting teams as required for the review work. The Inter-ministerial Expert Review Team has duties as stipulated in Clause 2, Article 10 of this Decree;
b) Be responsible before the Prime Minister for organizing the review and review activities according to the assigned tasks, opinions on the results of the review, conclusions, and recommendations of the agency entrusted with the review task regarding the contents of national important projects and works; vorts of national importance;
c) Examine and approve the working regulations, review adjustment plans for national important projects and works; trional and foreign consultants (hereinafter referred to collectively as consultants) hired by the State Appraisal Council or the agency tasked with the appraisal mission to carry out one or more parts of the appraisal work of the project or work;
d) Decide on the hiring and selection of consultants for the review of adjustments to national important projects and works in accordance with Articles 13 and 14 of this Decree;
d) Receive and examine project files, send project files to relevant agencies and units.
Chapter IV
HIRING CONSULTANTS FOR REVIEW AND THE COSTS OF REVIEWING AND AUDITING NATIONAL IMPORTANT PROJECTS AND WORKS
Article 12. Authority to decide on hiring consultants for auditing national important projects and worksitself This Circular takes effect from August 1, 2022./., ng;
1. Auditing consultants are domestic or foreign organizations or individuals, or joint ventures between domestic and foreign entities (hereinafter referred to as consultants) hired by the National Review Council or the agency entrusted with the review task to perform one or more parts of the review content of national important projects and works. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;顾问被选中进行审查的合同。在需要聘请外国顾问或国内和国外顾问联合审查重要国家项目和工程的情况下,国家评估委员会主席或被赋予评估任务的机构负责人应将此事提交总理审议批准。ìThe Chairman of the National Review Council or the Head of the agency entrusted with the review task
2. decides vonrime Minister ct s hiring consultants for national important projects and works in accordance with the selection method prescribed in Article 13 of this Decree; approves the plan for selecting consultants for auditing. In cases where it is necessary to hire foreign consultants or joint ventures between domestic and foreign entities to audit national important projects and works, the Chairman of the National Review Council or the Head of the agency entrusted with the review task shall submit to the Prime Minister for consideration and approval. 作ê of consultants forFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.g nưunderrime Minister ct s trnational important projects and works in accordance with the method prescribed in Article 13 of this Decree; approves the plan for selecting consultants for auditing.y In cases where it is necessary to hire foreign consultants or joint ventures between domestic and foreign entities to audit national important projects and works, the Chairman of the National Review Council or the Head of the agency entrusted with the review task shall submit to the Prime Minister for consideration and approval.rime Minister c审查。在需要聘请外国顾问或国内和国外顾问联合审查重要国家项目和工程的情况下,国家评估委员会主席或被赋予评估任务的机构负责人应将此事提交总理审议批准。concerning the classification and determination of state management authority in the field of crop production 顾问或国内和国外顾问联合审查重要国家项目和工程,国家评估委员会主席或被赋予评估任务的机构负责人应将此事提交总理审议批准。
Article 13. Procedures and formalities for selecting consultants for auditing national important projects and works
1. The Inter-ministerial Expert Review Team prepares the request document and draft contract for submission to the Chairman of the National Review Council or the Head of the agency entrusted with the review task for approval. The content of the request document includes: Requirements for the consultant's capacity standards, number of consultants, and experience; requirements for the scope of work, quality of work performance; time and location of implementation; requirements for preparation and submission time of the proposal, validity period of the proposal; requirements for proposed fees, payment conditions, and other necessary contents..
2. The Inter-ministerial Expert Review Team preliminarily determines whether the consultant meets the requirements stated in the request document and submits it to the Chairman of the National Review Council or the Head of the agency entrusted with the review task for approval, serving as the basis for inviting selected consultants to receive the request document.
3. The auditing consultant receives the request document, prepares the proposal within the deadline specified in the request document, and submits the proposal to the Inter-ministerial Expert Review Team. trwithin the deadline specified in the request document and submit the proposal to the Inter-ministerial Expert Review Team.
4. The Inter-ministerial Expert Review Team evaluates the proposals of the auditing consultants. During the evaluation process, the Inter-ministerial Expert Review Team may invite the auditing consultant to negotiate, explain, clarify, or amend and supplement necessary information in the proposal to demonstrate compliance with the request document requirements. An auditing consultant is evaluated as compliant and selected when meeting all the following requirements:
a) Meeting the experience, capacity, and personnel requirements as stipulated in the request document;
b) The negotiated selection price does not exceed the budget approved by the Chairman of the National Review Council or the Head of the agency entrusted with the review task.
5. The Inter-ministerial Expert Review Team prepares a report on the evaluation of the proposalfor the Chairman of the National Review Council or the Head of the agency entrusted with the review task to approve the result of selecting the auditing consultant. In cases where no suitable auditing consultant is selected, the Inter-ministerial Expert Review Team shall issue a report to the Chairman of the National Review Council or the Head of the agency entrusted with the review task to select another auditing consultant and proceed according to the provisions on selecting auditing consultants as mentioned above. 6. The Inter-ministerial Expert Review Team invites the selected auditing consultant to negotiate and finalize the contract for auditing the project. The contract is signed by the National Review Council or the agency entrusted with the review task with the selected consultant.国家评估委员会主席或被赋予评估任务的机构负责人批准顾问审查的选择结果。如果无法选择顾问进行审查,联席专家评估小组应向国家评估委员会主席或被赋予评估任务的机构负责人报告,并选择其他顾问进行审查,按照上述关于选择顾问审查的规定执行。policies顾问审查的选择结果。如果无法选择顾问进行审查,联席专家评估小组应向国家评估委员会主席或被赋予评估任务的机构负责人报告,并选择其他顾问进行审查,按照上述关于选择顾问审查的规定执行。national顾问审查,联席专家评估小组应向国家评估委员会主席或被赋予评估任务的机构负责人报告,并选择其他顾问进行审查,按照上述关于选择顾问审查的规定执行。
联席专家评估小组邀请被选中的顾问进行协商,完善合同并签署审查合同。合同由国家评估委员会或被赋予评估任务的机构与被选中的顾问签订。national政府机构以外的组织;
Article 14. Costs for appraisal and hiring consulting services to inspect national key projects carried out by the State Appraisal Council or the agency assigned the task of appraisalrime Minister cThe inspection cost is the cost of hiring consulting services to inspect national key projects (carried out by the State Appraisal Council or the agency assigned the task of appraisal). The standard inspection cost for national key projects shall be determined according to current regulations.
1. The appraisal cost includes costs serving the activities of appraising national key projects of the State Appraisal Council or the agency assigned the task of appraising national key projects (excluding the inspection costs mentioned in Clause 1). The appraisal cost includes allowances for members participating in the State Appraisal Council, Inter-ministerial Expert Appraisal Teams, and other Working Groups (if any); meeting costs, office supplies, field surveys (if any), related costs, and contingency costs. trThe calculation of inspection and appraisal costs for national key projects is as follows:
2. The standard inspection cost for the Preliminary Feasibility Study Report (Investment Report) is calculated based on the standard inspection cost for the Detailed Feasibility Study Report (Investment Project Construction). trIn cases where the State Appraisal Council is established, the appraisal cost is calculated at 20% of the standard inspection cost.
3. In cases where the State Appraisal Council is not established, the appraisal cost is calculated at 15% of the standard inspection cost.
a) The costs for appraisal and hiring consulting services to inspect national key projects are included in the total investment cost of the project and are paid by the investor according to the requirements of the State Appraisal Council or the agency assigned the task of appraisal.
b) The costs for appraisal and inspection of national key projects are transferred into the account of the investor according to the requirements of the State Appraisal Council or the agency assigned the task of appraisal, ensuring the progress of the appraisal and inspection of national key projects according to the plan. tra;
c) The State Appraisal Council or the agency assigned the task of appraisal is responsible for paying the inspection costs to the consulting service providers according to the contract signed; simultaneously considering and deciding on the allocation of costs to the members of the Council, the Expert Teams, and other costs, ensuring the operation of the appraisal by the Council or the agency assigned the task of appraisal.
4. DOCUMENTS AND PROCEDURES FOR APPEALING NATIONAL KEY PROJECTSrime Minister cArticle 15. Documents and procedures for appealing new national key projects
5. The documents for appeal include:nationalA report from the managing agency of the investor or the investor in cases where the project belongs to individuals or organizations outside the state;Article 1. Information about resettlement housingA preliminary feasibility study report or a detailed feasibility study report (Investment Report or Investment Project Construction);rime Minister cOther relevant documents.
6. Number of documents for appeal: 20 sets.nationalTime limit for submitting documents: Not later than 180 days before the Government submits to the National Assembly as prescribed (for other cases decided by the Prime Minister), the managing agency of the investor or the investor (in cases where the project belongs to individuals or organizations outside the state) must submit the documents for appealing the national key project to the permanent office of the State Appraisal Council (Ministry of Planning and Investment) for organization of the appeal.
Chapter V
The documents submitted by the Government to the National Assembly as prescribed in Article 5 of Resolution No. 49/2010/QH12.
3. Amend Clause 3 Article 2 as follows:iArticle 16. Documents and procedures for appealing adjustments to national key projects
1. The documents for appeal include:
a) A report from the managing agency of the investor or the investor in cases where the project belongs to individuals or organizations outside the state;
b) A detailed feasibility study report (Investment Project Construction) that has been approved and an adjusted detailed feasibility study report;
c) A monitoring and evaluation report on the adjustment of the investment project;
2. Time limit for submitting documents: Not later than 180 days before the Government submits to the National Assembly as prescribed (for other cases decided by the Prime Minister), the managing agency of the investor or the investor (in cases where the project belongs to individuals or organizations outside the state) must submit the documents for appealing the adjustment of the national key project to the agency assigned the task of appraisal for organization of the appeal.
3. The documents submitted by the Government to the National Assembly include:
4. A report from the Government or the agency authorized by the Government to report;
3. Amend Clause 3 Article 2 as follows:ic) A monitoring and evaluation report on the adjustment of the investment project;
1. An adjustment project appraisal report from the agency assigned the task of appraisal.councillORSArticle 17. Effective date
a) This Decree takes effect from February 20, 2013. Previous Government regulations contrary to this Decree are abolished., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP 报告监督、评估和调整投资项目;
b) The Feasibility Study Report (for the construction project investment) has been approved and the Amended Feasibility Study Report;
c) The monitoring and evaluation report on adjusting the investment project;
d) A monitoring and evaluation report on the adjustment of the investment project;
2. Time limit for submitting documents: Not later than 180 days before the Government submits to the National Assembly as prescribed (for other cases decided by the Prime Minister), the managing agency of the investor or the investor (in cases where the project belongs to individuals or organizations outside the state) must submit the documents for appealing the adjustment of the national key project to the agency assigned the task of appraisal for organization of the appeal.
3. Deadline for submitting the dossier: Not later than 180 days before the Government submits to the National Assembly as prescribed (or at another time determined by the Prime Minister), the managing agency of the investor or the investor (in case the project belongs to individuals or organizations outside the State) shall submit the dossier for reviewing the adjustment of the project, national key works to the agency assigned the task of reviewing;nationalThe dossier of the Government to be submitted to the National Assembly includes:nationala) The proposal of the Government or the agency authorized by the Government to report;o b) The monitoring and evaluation report on adjusting the investment project;ìc) The review report on adjusting the investment project by the agency assigned the task of reviewing;
4. Article 17. Effective Date trThis Decree takes effect from February 20, 2023;
a) 13. Previous provisions of the Government that conflict with this Decree are abolished.
b) The Feasibility Study Report (for the construction project investment) has been approved and the Amended Feasibility Study Report;
评估调整项目的报告;第17条 效力实施
d) 本决定自2022年2月20日起生效。
e) Other related documents.
Chapter VI
IMPLEMENTING PROVISIONS
3. Amend Clause 3 Article 2 as follows:i以前政府的规定与本决定相抵触的,均予废止。
This Decree shall take effect from February 20, 2022.013. All previous Government regulations that conflict with this Decree are hereby abolished.councillORSnh này đều bãi bỏ.
Article 18. Responsibilities fori ADJUSTMENT
Ministers, HeadsDeputy ministers of ministerial-level agencies, of equivalent agencies under Ministries,uHeads of governmental agencies,inthe Government, Decree Chairmen of provincial people's committees, The directly governed cities, and related organizations and individuals are responsible for implementing this Decree./.
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