JOINT CIRCULAR

Guidelines for implementing Decision No. 80/2005/QD-TTg

dated April 18, 2005 of the Government Chairman

on issuing the Regulation on community investment supervision

Pursuant to the Investment Law; State Budget Law; Environmental Protection Law; Land Law; Construction Law; Law on Issuing Legal Normative Documents;

Pursuant to Decrees No. 52/1999/NĐ-CP dated July 8, 1999, No. 12/2000/NĐ-CP dated May 5, 2000, and No. 07/2003/NĐ-CP dated January 30, 2003 of the Government on promulgating, amending, and supplementing the Management Regulation on Investment and Construction;

Decree No. 79/2003/NĐ-CP dated July 7, 2003 of the Government on the Regulation on grassroots democracy; Decree No. 99/2005/NĐ-CP dated July 28, 2005 of the Government detailing and guiding certain provisions of the Inspection Law regarding the organization and operation of People's Inspection Committees;

Pursuant to Decision No. 80/2005/QD-TTg dated April 18, 2005 of the Government Chairman on issuing the Regulation on community investment supervision;

The Ministry of Planning and Investment, the National Front for the Union of Vietnamese Fatherland Council, and the Ministry of Finance hereby jointly issue guidelines for implementing the Regulation on community investment supervision and funding support for community investment supervision activities as follows:

Part I

SCOPE, OBJECTS, SUBJECTS, CONTENT, AND

METHODS OF IMPLEMENTING COMMUNITY INVESTMENT SUPERVISION

1. Scope of community investment supervision

According to the provisions (at Clause 2, Article 3, Regulation on community investment supervision), it includes: Investment projects within the commune, ward, town area (excluding projects classified as state secrets). Hereinafter referred to as investment projects within the commune.

2. Objects of community investment supervision

a) The investor deciding on the project;

b) The project proponent (including the Project Management Board);

c) Contractors including: Consulting contractors, construction supervision contractors, installation contractors, equipment and material suppliers, raw materials, fuels, etc., for the project.

3. Subjects organizing community investment supervision

3.1. The People's Inspection Committee shall organize and implement community investment supervision if the following requirements are met simultaneously in reality:

a) Having sufficient members necessary to organize and implement community investment supervision within the commune and these members must meet the requirements stipulated in Clause 1, Part II of this Circular.

b) The People's Inspection Committee has a formal letter sent to the Commune Fatherland Front Committee affirming its willingness to organize and implement community investment supervision within the commune according to the provisions of this Circular.

3.2. In case the People's Inspection Committee does not have a formal letter affirming its willingness to organize and implement community investment supervision, the Standing Committee of the Commune Fatherland Front Committee shall organize the election of a Community Investment Supervision Board according to the provisions of Part II of this Circular to organize and implement community investment supervision according to the provisions of this Circular.

4. Content of community investment supervision

4.1. For projects funded by community capital and labor or directly financed by organizations and individuals for the commune (as stipulated at Point b, Clause 2, Article 3, Regulation on community investment supervision). Hereinafter referred to as commune investment projects. The content of community investment supervision includes:

a) Checking the compliance of the project investment decision with the approved overall plans and programs by competent authorities, including:

- Overall socio-economic development plan of the province, district;

- Industry development plan on provincial territory;

- Land use plan of the commune;

- Infrastructure development plan of the commune;

- Detailed urban, residential, industrial area planning on commune territory (if applicable);

- Investment plan on commune territory.

b) Monitoring and checking compliance with regulations by the project proponent and contractors:

- Regarding land boundaries and land use;

- Regarding detailed site planning, architectural design, construction;

- Regarding compensation, land clearance, and resettlement plans;

- Regarding waste management and environmental protection;

- Regarding project investment schedule and plan.

c) Monitoring and identifying negative impacts of the project:

- Actions by the project proponent and contractors that harm community interests during implementation and operation (exploitation) of the project;

- Negative impacts of the project on the living environment of the community during implementation and operation (exploitation) of the project.

d) Monitoring and evaluating investment effectiveness and identifying actions causing wastage and loss of funds and assets of the project.

đ) Monitoring and checking contractors' adherence to technical procedures, norms, and types of materials as prescribed.

e) Monitoring and checking the results of project completion and settlement.

4.2. For projects using state capital and not classified as state secrets (as stipulated at Point a, Clause 2, Article 3, Regulation on community investment supervision), the content of community investment supervision includes Points a, b, c, and d, Clause 4.1, Item 4, Part I, of this Circular.

4.3. For projects funded from other sources (as stipulated at Point c, Clause 2, Article 3, Regulation on community investment supervision), the content of community investment supervision includes Points a, b, and c, Clause 4.1, Item 4, Part I, of this Circular.

5. Forms of publicizing documents serving community investment supervision

Publicizing documents serving community investment supervision is carried out through one of three forms or all three forms simultaneously as follows:

5.1. Publicizing documents at the People's Council Office, communal cultural house, village hall.

5.2. Announcing at village meetings, meetings of the Commune Fatherland Front Committee, meetings of member organizations of the Commune Fatherland Front Committee.

5.3. Announcing through communal and village mass media.

6. Methods of implementing community investment supervision

6.1. Citizens carry out supervision based on information made public in accordance with the provisions of the law; reflect and make recommendations to competent authorities to consider and resolve issues related to community investment oversight as stipulated in Section 4, Part I of this Circular through the People's Committee of the Commune, or member organizations of the People's Committee of the Commune, or the People's Inspection Board (in cases where a Community Investment Oversight Board has not been established), or the Community Investment Oversight Board.

6.2. The People's Inspection Board (in cases where a Community Investment Oversight Board has not been established) or the Community Investment Oversight Board shall organize the implementation of community investment oversight in accordance with the provisions of this Circular.

If most projects within the commune fall under Program 135, then establish a Commune Supervisory Board and implement supervision according to the provisions of Program 135. For projects using ODA funds, organize community supervision in accordance with the commitments set forth in the signed Agreement.

Part II

COMMUNITY INVESTMENT OVERSIGHT BOARD

1. Criteria and conditions for members of the Community Investment Oversight Board

a) Being honest, impartial, reputable, knowledgeable about policies and laws, voluntarily participating in the Community Investment Oversight Board, and having good health;

b) Having a household registration and residing permanently in the commune; not being a current incumbent (in the Standing Committee of the Commune People's Council, Commune People's Committee, Village Chief, Deputy Village Chief, or those undertaking equivalent duties); not having relatives (grandparents, grandparents, parents, siblings, children, grandchildren, spouse) who are decision-makers on investment, investors, or contractors of investment projects in the commune.

2. Principles of operation of the Community Investment Oversight Board

The Community Investment Oversight Board operates on the principles of democracy, transparency, objectivity, and timeliness; works in a collective system and decides by majority rule.

3. Prohibited acts

a) Strictly prohibit any acts of threatening, retaliating against, or undermining members of the Community Investment Oversight Board.

b) Strictly prohibit any acts of exploiting the duties and powers of the Community Investment Oversight Board to incite or mobilize others to file false complaints or accusations and to commit illegal acts.

4. Organization of the Community Investment Oversight Board

a) The Community Investment Oversight Board consists of a Chairperson, Vice-Chairperson, and members; the Chairperson is responsible for all activities of the Community Investment Oversight Board; the Vice-Chairperson assists the Chairperson in carrying out assigned tasks; members perform their tasks as assigned by the Chairperson.

b) Members of the Community Investment Oversight Board are elected by the Electoral Meeting or the Household Representative Electoral Meeting of each village, hamlet, ward, or neighborhood (hereinafter referred to as village).

5. Number of members of the Community Investment Oversight Board

a) The Community Investment Oversight Board has from 5 to 9 members; for plains communes with fewer than 8,000 people, up to 7 members can be elected, while communes with 8,000 people or more can elect 9 members; for midland, mountainous, island, and coastal communes, each village, hamlet, or ward elects 1 member, but the total number of members of the Community Investment Oversight Board does not exceed 9 people.

b) Based on the number of investment projects and the characteristics of the commune, the Standing Committee of the People's Committee of the United Front Organization of the Commune determines the number of members of the Community Investment Oversight Board.

6. Election of members of the Community Investment Oversight Board

a) The Standing Committee of the People's Committee of the United Front Organization of the Commune selects and nominates a representative to join the Community Investment Oversight Board if there are members meeting the criteria specified in Section 2, Part II of this Circular; identifies the list of villages eligible to elect members of the Community Investment Oversight Board.

b) The Head of the Mass Mobilization Team chairs and coordinates with the Village Chief to organize the Electoral Meeting or the Household Representative Electoral Meeting to elect members of the Community Investment Oversight Board.

c) Members of the Community Investment Oversight Board are elected through nominations by the Mass Mobilization Team and proposals by delegates attending the Meeting. Members of the Community Investment Oversight Board are elected by raising hands or secret ballot as decided by the Meeting.

d) The Electoral Meeting or the Household Representative Electoral Meeting is held when more than 50% of the delegates summoned are present. The person elected must have the trust of more than 50% of the delegates attending the Meeting.

đ) The Head of the Mass Mobilization Team is responsible for reporting the election results to the Standing Committee of the People's Committee of the United Front Organization of the Commune.

7. Recognition of the Community Investment Oversight Board

Within no later than 5 days from the completion of the election of members of the Community Investment Oversight Board, the Standing Committee of the People's Committee of the United Front Organization of the Commune organizes a meeting with the members of the Community Investment Oversight Board to elect the Chairperson, Vice-Chairperson, and submit a Resolution recognizing the Community Investment Oversight Board to the Meeting of the People's Committee of the United Front Organization of the Commune. It also informs the People's Council and People's Committee of the Commune at the nearest session and notifies the people in the commune.

8. Removal, dismissal of members of the Community Investment Oversight Board and election of replacements.

a) During the term, if a member of the Community Investment Oversight Board fails to fulfill their duties, violates the law, or loses the trust of the people, the Standing Committee of the People's Committee of the United Front Organization of the Commune proposes that the Electoral Meeting or the Household Representative Electoral Meeting that elected the member remove them and elect another person as a replacement. The procedure for removal follows the same process as the election of members of the Community Investment Oversight Board as stipulated in Section 6, Part II of this Circular.

b) In cases where a member of the Community Investment Oversight Board no longer meets the criteria specified in point b, Section 1 of this Part due to actual circumstances, health reasons, family circumstances, or other reasons, and submits a resignation, the Standing Committee of the People's Committee of the United Front Organization of the Commune will submit the matter to the Meeting of the People's Committee of the United Front Organization of the Commune for consideration and decision on dismissal.

c) The election to replace members of the Investment Supervision Board who have been relieved or dismissed from their positions shall be carried out in accordance with the provisions set forth in Section 6, Part II of this Circular.

9. Place of work for the Investment Supervision Board

a) The Chairman of the People's Committee of the commune shall base on the conditions of office space to arrange a place of work for the Investment Supervision Board so that it can hold meetings to supervise investment when necessary and store documents related to supervising community investment; facilitate the use of communication and contact means of the People's Committee of the commune for the purpose of supervising community investment.

b) Members of the Investment Supervision Board may only use the communication and contact means of the People's Committee of the commune for the purpose of supervising community investment when necessary; they shall not use these means for other purposes.

10. Term of operation of the Investment Supervision Board

a) The term of office of the Investment Supervision Board is two years.

b) The Investment Supervision Board shall be dissolved before the end of its term in the following cases:

- There are no ongoing investment projects in the commune and the operation (exploitation) of existing investment projects does not pose risks to community interests, or cause public safety, security, and social order issues, or environmental pollution.

- Upon recommendation of the Commune Voter Meeting or the Commune Representative Meeting of the majority of villages represented in the Investment Supervision Board.

Part III

IMPLEMENTATION OF COMMUNITY INVESTMENT SUPERVISION

1. Procedures for implementing community investment supervision

a) Collecting relevant documents:

- Publicly disclosed documents: Provincial and district socio-economic development plans; land use plans and construction plans; provincial and district investment plans; investment decisions, or certificates and investment registrations.

- Documents related to laws on investment management, community investment supervision, construction, land, and environmental protection, natural resources, etc.

b) Collecting opinions and suggestions of the people regarding investment projects in the commune; simultaneously organizing monitoring of the implementation process and operation of investment projects in the commune (mainly focusing on stages that may lead to harm to community interests, environmental pollution, loss of public safety, social order, and security; for state-funded investment projects and commune investment projects, additional monitoring should be conducted on stages that may lead to waste of investment funds, poor quality of materials and construction standards).

c) Comparing, checking, identifying contradictions, discrepancies, or unreasonable aspects; reflecting and proposing recommendations to competent authorities to examine and resolve identified issues according to regulations; tracking the examination and resolution of proposals according to regulations; informing the people of the results of the examination and resolution by competent authorities according to regulations; monitoring the compliance of relevant parties with prescribed measures.

2. Plan for Implementing Community Investment Supervision

2.1. Drafting the Plan for Implementing Community Investment Supervision

Annually, based on the community's requirements for supervision of investment projects in the commune; current available means and actual capacity; the People's Inspection Board (if the Investment Supervision Board has not been established) or the Investment Supervision Board shall draft the Community Investment Supervision Plan for the next year according to the following procedures:

a) Identifying the list of projects to be supervised, including:

- List of commune investment projects;

- List of investment projects using state capital;

- List of investment projects funded from other sources.

b) Drafting the Community Investment Supervision Plan, consisting of three independent tables according to the model (Annex 1) and a budget estimate table for supporting the implementation of the plan.

c) Submitting the Community Investment Supervision Plan and the budget estimate table for supporting the implementation of the plan to the Standing Committee of the United Front Committee of the commune for comments; revising the Community Investment Supervision Plan and the budget estimate table for supporting the implementation of the plan according to the comments of the Standing Committee of the United Front Committee of the commune.

2.2. Approving the Plan for Implementing Community Investment Supervision

a) The Investment Supervision Board sends the Community Investment Supervision Plan and the budget estimate table for supporting the implementation of the plan (for the next year) to the Standing Committee of the United Front Committee of the commune.

b) The Standing Committee of the United Front Committee of the commune shall organize a meeting with representatives of the People's Committee of the commune and the Investment Supervision Board to discuss and agree on the Community Investment Supervision Plan and the budget estimate table for supporting the implementation of the plan (for the next year).

c) Representatives of the Standing Committee of the United Front Committee of the commune, the People's Committee of the commune, and the Head of the Investment Supervision Board of the commune shall jointly sign to confirm the Community Investment Supervision Plan and the budget estimate table for supporting the implementation of the plan (for the next year) to submit to competent authorities for consideration and decision on funding support for the implementation of the Community Investment Supervision Plan according to the State Budget Law.

2.3. Managing the Implementation of the Community Investment Supervision Plan

a) The Investment Supervision Board of the commune shall manage and implement the Community Investment Supervision Plan according to regulations.

b) In case adjustments to the Community Investment Supervision Plan are required to meet practical needs, the Investment Supervision Board of the commune must notify the Standing Committee of the United Front Committee of the commune for joint review and agreement before making any adjustments.

3. Methods for Implementing Community Investment Supervision

3.1. Collecting Documents for Community Investment Supervision

a) Requesting relevant agencies and project sponsors to provide publicly disclosed documents as stipulated in Clause 1, Article 12, Clause 1, Article 13, and Clause 1, Article 16 of the Community Investment Supervision Regulation, or collecting them from other official sources.

b) Organize the collection of relevant regulatory legal documents such as: Investment Law, Construction Law, Land Law, Environmental Protection Law, State Budget Law, ... related provisions of local authorities at different levels; information reflected by residents regarding investment projects in the commune.

3.2. Implement community supervision over investment projects of the commune.

a) Check the consistency of the content of the Investment Decision for the project with the approved planning and plans by competent authorities:

- Compare and check the consistency between the content of the Investment Decision and the contents publicly announced in the approved planning and plans such as: Socio-economic development planning; Industry development planning; Land use planning; Infrastructure development planning; Detailed construction planning for urban, residential, and industrial areas; Investment plan within the commune.

- If inconsistencies are found between the content of the Investment Decision and the publicly announced contents in the aforementioned documents, record them, conduct verification to clarify the extent of inconsistency, and recommend competent authorities to consider and resolve according to regulations; monitor the resolution of recommendations by competent authorities and the implementation of prescribed measures by the project sponsor.

- In cases where the handling of issues recommended or the compliance with prescribed measures are deemed unsatisfactory, continue to recommend to higher-level competent authorities.

Example: Discovering that the location and area occupied by the project overlap with the land planned for constructing the Commune Cultural and Sports Center; or overlapping with detailed urban and residential planning; or overlapping with the marked boundary of road limits; or occupying land for building kindergartens; etc.

b) Organize monitoring and checking the compliance of the project sponsor and contractors with regulations:

- Monitor and check compliance with land boundary regulations and land use; detailed site planning, architectural schemes, and construction; implementation of compensation policies, land clearance, and resettlement plans; waste management and environmental protection; project investment progress and plans.

- If discrepancies are found between actual conditions and publicly announced contents in related documents, record them, conduct verification to clarify the extent of discrepancy, and recommend competent authorities to consider and resolve according to regulations; monitor the resolution of recommendations by competent authorities and the implementation of prescribed measures by the project sponsor.

- In cases where the handling of issues recommended or the compliance with prescribed measures are deemed unsatisfactory, continue to recommend to higher-level competent authorities.

Example: Discovering that the fence surrounding the project site exceeds the land boundaries allocated for the project; requesting land for producing seedlings but dividing it into plots for selling houses; actual compensation and land clearance, resettlement differ from state (central and local) policies or publicly announced plans; people not eligible still benefit from the project's compensation and resettlement policy using state funds; although designed to have waste treatment facilities, none were actually constructed; the project started late or consistently lagged behind the publicly announced schedule; etc.

c) Organize monitoring and identifying negative impacts of the project on the environment and community:

- Monitor actions of the project sponsor and contractors during project implementation and operation (exploitation). If harmful actions affecting community interests or causing negative environmental impacts are discovered, record them, conduct verification to clarify the extent of harm or impact, and recommend competent authorities to consider and handle according to regulations; monitor the resolution of recommendations by competent authorities and the implementation of prescribed measures by the project sponsor and contractors.

- In cases where the handling of issues recommended or the compliance with prescribed measures are deemed unsatisfactory, continue to recommend to higher-level competent authorities.

Example: During project implementation or operation, traffic safety was compromised, hindering community travel; the project discharged pollutants (solid waste, water, air, noise, etc.) without proper treatment measures; project structures harmed cultural or religious sites of the community or obstructed their activities; the project damaged community water supply and drainage systems, communication networks; the project caused job losses and income reduction for part of the community without support for finding new jobs or generating income; etc.

d) Monitor and evaluate the effectiveness of investment and identify wasteful or capital loss actions involving project assets:

- Conduct monitoring and evaluation of project investment effectiveness by examining and assessing the project based on the following criteria:

+ Comparing the project's investment objectives and scale with actual requirements;

+ Comparing the project's investment costs with similar projects having the same objectives and scale; comparing the investment cost per unit of design capacity of the monitored project with similar completed projects;

+ Evaluating the actual investment results achieved against the set investment goals;

+ Estimating the utilization rate of the project's facilities compared to the invested capacity;

+ Estimating and comparing the production cost per unit of output of the monitored project with similar completed projects;

+ Estimating and comparing the production cost of the monitored project's output with market prices for similar products; ...

+ Comparing the total values and benefits generated by the project investment with the total costs and losses incurred from implementing the project investment;

- If unreasonable factors are identified, recommend competent authorities to consider and handle according to regulations; monitor the resolution of recommendations by competent authorities and the implementation of prescribed measures by the project sponsor.

- In cases where the handling of issues recommended or the compliance with prescribed measures are deemed unsatisfactory, continue to recommend to higher-level competent authorities.

đ) Monitor and check contractors' compliance with technical procedures, standards, material quotas, and types of materials as prescribed:

- Conduct an examination and study of the technical design documents (or construction design documents) that have been approved by the competent authority to determine the technical procedures, technical norms, material quotas, and important materials that need to be monitored and inspected.

- Notify the project owner and related contractors about the community's monitoring and inspection plan (ensuring that the community's monitoring and inspection activities do not affect the construction progress and quality of the works).

- During the monitoring and inspection process, if violations of regulations are discovered, require representatives from all parties (project owner, construction contractor, supervising contractor, community investment supervision board, etc.) to be present at the site to record and confirm the violation in a report and sign it; recommend that the competent authorities consider and resolve the issue according to regulations; monitor the resolution of the recommendations made by the competent authorities and the implementation of measures by the project owner and contractors as stipulated.

- In cases where the handling of issues recommended or the compliance with prescribed measures are deemed unsatisfactory, continue to recommend to higher-level competent authorities.

e) Monitor and inspect the results of acceptance and settlement of the works:

- Examine the total preliminary estimate of the works that has been approved by the competent authority to determine the volume of work for each component and the unit prices of important materials serving the monitoring and inspection of the acceptance and settlement phases of the works.

- Notify the project owner and related contractors about the community's monitoring and inspection plan (ensuring that the community's monitoring and inspection activities do not affect the acceptance and settlement of the works).

- During the monitoring and inspection process, if violations of regulations are discovered, require representatives from all parties (project owner, construction contractor, supervising contractor, community investment supervision board, etc.) to be present at the site to record and confirm the violation in a report and sign it; recommend that the competent authorities consider and resolve the issue according to regulations; monitor the resolution of the recommendations made by the competent authorities and the implementation of measures by the project owner and contractors as stipulated.

- In cases where the handling of issues recommended or the compliance with prescribed measures are deemed unsatisfactory, continue to recommend to higher-level competent authorities.

3.3. For projects using state capital, implement supervision according to the provisions set out in points a, b, c, and d, Clause 3.2 of this Section.

3.4. For projects using other sources of capital, implement supervision according to the provisions set out in points a, b, and c, Clause 3.2 of this Section.

Part IV

COMMUNITY INVESTMENT SUPERVISION SUPPORT COSTS

1. Community Investment Supervision Support Costs Community Investment Supervision Support Costs include:

a) Expenses for purchasing office supplies; information and communication services for community investment supervision.

b) Expenses for copying, typing, sending documents, and submitting reports on community investment supervision.

c) Administrative expenses for meetings and conferences on community investment supervision.

d) Expenses for organizing training and guidance sessions on community investment supervision.

đ) Fees for responsibility paid to members of the community investment supervision board or members of the People's Inspectorate Board directly involved in community investment supervision (in cases where a community investment supervision board is not established).

2. Sources of Funding for Community Investment Supervision Support Costs

a) Community investment supervision support costs in communes are balanced within the commune People's Committee budget and guaranteed by the commune budget.

b) Costs for propaganda, organization of training and guidance sessions, mid-term reviews, and final summaries on community investment supervision at district and provincial levels are balanced within the district and provincial People's Committee budgets and guaranteed by the district and provincial budgets.

3. Establishment, Implementation, and Settlement of Community Investment Supervision Support Costs

a) The preparation, allocation, payment, and settlement of funds for the community investment supervision board shall be carried out in accordance with Circular No. 60/2003/TT-BTC dated June 23, 2003, issued by the Ministry of Finance, concerning management of commune budgets and other financial activities of communes, wards, and towns. The level of community investment supervision support costs in communes should be appropriate to the community investment supervision activity plan decided by the Commune People's Council and ensure a minimum annual budget of two million dong.

b) Funds for organizing training and guidance sessions on community investment supervision for community investment supervision board members shall be guaranteed by the provincial and district budgets and implemented according to Circular No. 118/2004/TT-BTC dated December 8, 2004, issued by the Ministry of Finance, concerning travel expenses and conference fees for administrative agencies and public service units nationwide, and Circular No. 59/2003/TT-BTC dated June 23, 2003, issued by the Ministry of Finance, guiding the implementation of Decree No. 60/2003/NĐ-CP dated June 6, 2003, of the Government detailing and guiding the implementation of the State Budget Law.

Part V

RESPONSIBILITIES IN IMPLEMENTATION

OVERSIGHT OF COMMUNITY INVESTMENT

1. Responsibilities of the Ministry of Planning and Investment

a) Take the lead and coordinate with the Standing Committee of the Vietnam Fatherland Front Central Committee, the Ministry of Finance, and relevant agencies to organize the implementation, guidance, and inspection of the Community Investment Oversight Regulation throughout the country; periodically organize summaries, evaluations, and lessons learned regarding community investment oversight.

b) Guide provincial Departments of Planning and Investment on the organization of implementing the Community Investment Oversight Regulation; provide guidance on community investment oversight business for relevant officials and organizations throughout the country.

c) Explain and answer questions related to community investment oversight throughout the country; request relevant agencies and entities to explain and answer issues within their authority based on community investment oversight rights as stipulated in Article 5 of the Community Investment Oversight Regulation.

d) Periodically every six months and annually, prepare a comprehensive report on the results of community investment oversight throughout the country, and report to the Prime Minister according to Clause 3, Article 11 of the Community Investment Oversight Regulation.

2. Responsibilities of the Standing Committee of the Vietnam Fatherland Front Central Committee

a) Take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to guide the Vietnam Fatherland Front Committees at all levels on organizing community investment oversight activities.

b) Coordinate with the Ministry of Planning and Investment and the Ministry of Finance to implement, guide, inspect, and summarize lessons learned regarding community investment oversight.

3. Responsibilities of the Ministry of Finance

Coordinate with the Ministry of Planning and Investment, the Standing Committee of the Vietnam Fatherland Front Central Committee, and relevant agencies and organizations to conduct summaries, evaluations, and lessons learned regarding community investment oversight.

4. Responsibilities of Provincial Departments of Planning and Investment

a) Take the lead and coordinate with the Standing Committee of the Vietnam Fatherland Front Provincial Committee and the Provincial Department of Finance to organize the implementation of community investment oversight in the province as prescribed.

b) Organize guidance on community investment oversight business for village-level community investment oversight boards and relevant officials and civil servants; guide on the preparation and management of implementation plans for community investment oversight; compile and prepare reports on the results of community investment oversight.

c) Explain and answer questions related to community investment oversight in the province; request relevant agencies and entities in the province to explain and answer issues within their authority based on community investment oversight rights as stipulated in Article 5 of the Community Investment Oversight Regulation.

d) Periodically every six months and annually, prepare a comprehensive report on the results of community investment oversight in the province and submit the report to relevant agencies according to Clause 2, Article 11 of the Community Investment Oversight Regulation.

5. Responsibilities of the Standing Committee of the Vietnam Fatherland Front at the provincial and district level.

a) Coordinate with the planning and investment and finance departments at the same level to organize the implementation of community investment oversight in the province and district as prescribed.

b) Organize propaganda, mobilization, and guidance for the people in the province and district to proactively and actively exercise community investment oversight rights as stipulated in Article 5 of the Community Investment Oversight Regulation.

c) Coordinate with relevant agencies to monitor and inspect the management and use of funds supporting community investment oversight at various levels, ensuring compliance with objectives, regulations, and effectiveness.

d) Periodically every six months and annually, prepare a report on the organization and operation of community investment oversight in the province and district, and submit it to the higher-level Vietnam Fatherland Front Committee. The deadline for submitting the mid-year report is the third week of July, and the annual report is submitted in the third week of January of the following year.

6. Responsibilities of the Standing Committee of the Vietnam Fatherland Front at the commune level

a) Implement community investment oversight in the commune as prescribed in Parts II and III of this Circular.

b) Organize propaganda, mobilization, and guidance for the people in the commune to proactively and actively exercise community investment oversight rights as stipulated in Article 5 of the Community Investment Oversight Regulation.

c) Confirm reports on the results of community investment oversight and recommendations on the results of community investment oversight prepared by the community investment oversight board and sent to relevant agencies.

d) Coordinate with relevant agencies to monitor and inspect the management and use of funds supporting community investment oversight in the commune, ensuring compliance with objectives, regulations, and effectiveness.

7. Responsibilities of the Village-level Community Investment Oversight Board

a) Prepare and manage the implementation of community investment oversight plans; organize the implementation of community investment oversight in the village according to this Circular.

b) Request project sponsors and contractors to report, explain, and provide information to clarify issues that the community has opinions about.

c) Collect opinions and recommendations from the people in the village, state management agencies, and reports from project sponsors and contractors; determine issues that the community has opinions about and have been clarified, and recommend authorities at appropriate levels to consider and resolve unresolved issues.

d) Announce the results of handling and resolving issues raised by the people by competent authorities.

đ) Periodically every six months and annually, prepare a summary report on the results of community investment oversight according to Appendix 1 attached to the Community Investment Oversight Regulation, send it to the Standing Committee of the Vietnam Fatherland Front Commune for confirmation before sending it to the People's Council, People's Committee, Vietnam Fatherland Front Commune, Vietnam Fatherland Front District Committee, and Provincial Department of Planning and Investment; the deadline for submitting the mid-year report is the second week of July, and the annual report is submitted in the second week of January of the following year.

g) Manage and use funds supporting community investment oversight in accordance with objectives, regulations, and effectively.

8. Responsibilities of individuals, agencies, and organizations related to community investment oversight.

a) Relevant sector management agencies at all levels as stipulated in Article 12 of the Community Investment Oversight Regulation.

b) The People's Committees at all levels pursuant to Article 13 of the Community Investment Supervision Regulation.

c) Individuals, organizations, and competent authorities deciding on investment pursuant to Article 14 of the Community Investment Supervision Regulation.

d) Project investors pursuant to Article 16 of the Community Investment Supervision Regulation.

đ) Contractors pursuant to Article 17 of the Community Investment Supervision Regulation.

The individuals and organizations mentioned above shall be responsible for examining, resolving, and responding to the community investment supervision board's recommendations. If they fail to resolve or resolve unsatisfactorily, or fail to resolve within the prescribed time limit according to the Community Investment Supervision Regulation, they will be subject to legal sanctions.

9. During implementation, if there are any difficulties, localities, related organizations, and individuals are requested to report to the Ministry of Planning and Investment, the Central Committee of the Vietnam Fatherland Front, and the Ministry of Finance for coordination in researching guidance and resolution in accordance with regulations.

This Circular takes effect fifteen days after its publication in the Official Gazette./.