Decree No. 113/2009/NĐ-CP on supervision and evaluation of investment

DECREE

On supervision and evaluation of investment

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12;

Pursuant to the Investment Law No. 59/2005/QH11;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

a) This Decree stipulates the contents of supervision, evaluation, and the organization of supervision and evaluation of investment projects and direct investment activities using all sources of capital;

b) The supervision and evaluation of direct investment abroad shall be carried out in accordance with separate regulations of the Government;

c) Regulations on monitoring and evaluating investment projects using official development assistance (ODA) funds differ from those set forth in this Decree, and shall be implemented in accordance with laws on the management and use of ODA funds. The inspection of investment projects using official development assistance (ODA) funds shall be carried out in accordance with the provisions of this Decree.

d) Community supervision shall be conducted in accordance with the regulations of the Prime Minister.

2. The subjects to which this Decree applies include agencies, organizations, and individuals related to direct investment activities and investment supervision and evaluation activities.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. "Supervision and evaluation of investment" refers to the activities of monitoring, inspecting, and assessing the degree of achievement of the investment process compared to investment requirements and objectives. Supervision and evaluation of investment includes supervision and evaluation of investment projects and overall supervision and evaluation of investment.

2. "Supervision of investment projects" refers to the regular monitoring and periodic inspection according to plan or at random of the investment process of projects in accordance with investment management regulations to ensure project goals and effectiveness.

3. "Monitoring of investment projects" refers to the regular and periodic updating of information related to the implementation status of projects; summarizing, analyzing, and evaluating information, proposing solutions to serve decision-making by management levels to ensure that investment projects are implemented in accordance with objectives, on schedule, ensuring quality, and within the framework of resources already determined.

4. "Inspection of investment projects" refers to periodic activities according to plan or at random, aimed at checking compliance with project management regulations by relevant agencies, organizations, and individuals; promptly identifying any errors or weaknesses in project management according to the law; recommending competent authorities to handle any difficulties, arising issues, or actions violating project management regulations; supervising the handling and compliance with measures for dealing with identified issues.

5. "Evaluation of investment projects" refers to periodic activities according to plan or at random aimed at determining the degree of achievement according to specific targets and indicators compared to the project investment decision or state-established evaluation criteria at a certain point in time. Evaluation of investment projects includes initial evaluation, mid-term evaluation, final evaluation, impact assessment, and ad hoc evaluation.

6. "Initial evaluation" is an evaluation conducted immediately after the start of project implementation, aimed at reviewing the actual situation of the project compared to the approval time to take immediate measures from the technical design phase and project implementation planning.

7. "Mid-term evaluation" is an evaluation conducted at the mid-point according to the approved implementation progress or after the completion of each phase (for projects implemented in phases), aimed at reviewing the project implementation process since the start of implementation to propose necessary adjustments.

8. "Final evaluation" is an evaluation conducted immediately after the completion of project implementation aimed at reviewing the results achieved by the project and drawing lessons learned.

9. "Impact assessment" is an evaluation conducted at an appropriate time three years after the project's operation commencement date, aimed at clarifying the effectiveness, sustainability, and economic-social impacts of the project compared to the initially set goals.

10. "Ad hoc evaluation" is an evaluation conducted in cases where there are difficulties, unexpected impacts, or issues arising during project implementation.

11. "Overall supervision of investment" refers to the regular monitoring and periodic inspection according to plan of the investment implementation process at various levels of industries and localities; promptly identifying and correcting any violations or shortcomings to ensure investment in accordance with plans, goals, and effectiveness.

12. "Overall monitoring of investment" refers to regular and periodic updating of information related to investment activities and investment management at various levels, industries, and localities; summarizing, analyzing, and evaluating information, and proposing mechanisms and policies related to investment management.

13. "Overall inspection of investment" refers to periodic activities according to plan or at random aimed at checking compliance with investment management regulations at various levels and industries; promptly identifying and correcting any errors or weaknesses, ensuring compliance with investment management regulations; identifying and recommending competent authorities to promptly handle any difficulties, arising issues, or actions violating investment management regulations; supervising the handling and compliance with measures for dealing with identified issues.

14. "Overall evaluation of investment" refers to periodic activities aimed at analyzing and evaluating the results of national, industry, and local investment; determining the degree of achievement compared to plans in each period or phase; analyzing factors affecting investment results and proposing solutions to improve investment efficiency in the current period or the next planning phase.

15. "Investment projects using 30% or more state capital" refers to investment projects with state capital participation accounting for 30% or more of the total investment amount of the project, as determined in the project approval decision. The determination of the proportion of state capital participation in a project is calculated on a case-by-case basis.

16. "Investment projects using other sources of capital" refers to investment projects not using state capital or having state capital participation less than 30% of the total investment amount of the project.

17. "Total Company 91" is a state-owned corporation established pursuant to Decision No. 91/TTg dated March 7, 1994, of the Prime Minister regarding the pilot establishment of business groups.

Chapter II

SUPERVISION AND EVALUATION OF INVESTMENT PROJECTS

Section 1

 SUPERVISION AND EVALUATION OF INVESTMENT PROJECTS USING 30% OR MORE STATE CAPITAL

Article 3. Monitoring investment projects

1. Contents of monitoring investment projects by the Investor

a) Updating the implementation status of the investment project: progress; volume of work; quality of work; costs; changes.

b) Updating management implementation status: developing implementation plans; detailing implementation plans for management contents; updating implementation status and adjusting plans; updating quality assurance and management effectiveness.

c) Updating information processing and feedback status: ensuring reporting information; handling reporting information; resolving issues and outcomes.

d) Timely reporting and proposing solutions to difficulties, obstacles, and issues exceeding authority.

2. Contents of monitoring investment projects by the competent authority deciding on investment

a) Monitoring the implementation of reporting systems by the Investor; checking the completeness, updates, and accuracy of monitoring information provided by the Investor.

b) Summarizing the implementation status of the investment project: progress, disbursement, bidding, land clearance, resettlement, environmental protection; main difficulties and obstacles affecting the project's implementation.

c) Promptly responding and handling arising issues within authority.

d) Monitoring the handling and compliance with measures taken by the Investor.

đ) Timely reporting and proposing solutions to difficulties, obstacles, and issues exceeding authority as prescribed.

3. Contents of monitoring investment projects by state management agencies on investment.

a) Monitoring the implementation of reporting systems by the investment decision-maker and the Investor as prescribed.

b) Summarizing the implementation status of the project: progress, disbursement, bidding; main difficulties and obstacles affecting the project.

c) Promptly responding and handling arising issues within authority.

d) Monitoring the handling and compliance with measures taken by the Investor related to the project.

đ) Timely reporting and proposing solutions to difficulties, obstacles, and issues exceeding authority.

Article 4. Inspection of Investment Projects

1. Inspection System for Investment Projects

a) The Investor shall organize regular inspections of investment projects they manage as the Investor.

b) The competent authority deciding on investment:

Shall organize inspections of investment projects they decide on at least once for projects lasting more than 12 months.

Shall organize inspections when adjustments change the location, scale, objectives, or exceed the total investment amount by 30% or more.

Other inspections as necessary.

c) State management agencies on investment shall decide to organize inspections according to plans or emergencies.

2. Contents of inspection of investment projects by the Investor

a) Inspecting all contents related to the organization and management of the project.

b) Compliance with regulations related to investment management by the Project Management Board and contractors.

c) Capacity for managing the implementation of the project by the Project Management Board and contractors.

d) Identifying and recommending authorities to promptly address difficulties, obstacles, and violations during project implementation; supervising the handling and compliance with measures addressing identified issues by the Project Management Board and contractors.

3. Contents of inspection of investment projects by the competent authority deciding on investment.

a) Compliance with regulations on: bidding; compensation and land clearance, resettlement; using project funds and other resources; allocating investment funds, disbursing, paying; resolving difficulties and arising issues during project implementation; final acceptance and operation commencement; project management and operation; environmental and ecological protection.

b) Capacity for managing the implementation of the project by the Investor and the Project Management Board.

c) Identifying and recommending authorities to promptly address difficulties, obstacles, and violations during project implementation; supervising the handling and compliance with measures addressing identified issues by the Investor and the Project Management Board.

4. Contents of inspection of investment projects by state management agencies on investment

a) Compliance with regulations on: project preparation, review, approval; bidding; compensation and land clearance, resettlement; using project funds and other resources; allocating investment funds, disbursing, paying, settling accounts; resolving difficulties and arising issues during project implementation; final acceptance and operation commencement; project management and operation; environmental and ecological protection.

b) Capacity for managing the implementation of the project by directly managing agencies, Investors, and the Project Management Board.

c) Identifying and recommending authorities to promptly address difficulties, obstacles, and violations during project implementation; supervising the handling and compliance with measures addressing identified issues by directly managing agencies, Investors, and the Project Management Board.

Article 5. Cases where project investment evaluation must be carried out

1. Projects classified as Group B or higher must conduct initial assessment and final project assessment.

2. Projects with phased investments must carry out mid-term assessment at the end of each implementation phase.

3. The authority responsible for investment decisions and state management agencies on investment shall decide to implement other types of assessments when necessary, in accordance with the specific requirements and conditions of each project.

Article 6. Content of project investment evaluation

1. Initial assessment:

a) Evaluation of preparatory work, organization, mobilization of resources for the project, ensuring that the project is implemented according to approved objectives and schedules;

b) Evaluation of new issues and obstacles arising since the project approval time, including those due to objective factors (such as changes in policy and legal environment, need to adjust the project to fit climatic and geological conditions, etc.) or subjective factors (such as management capacity and organizational structure of the project implementation, etc.);

c) Propose measures to address issues and new developments in line with actual conditions.

2. Mid-term assessment:

a) Evaluation of the alignment of project outcomes with investment objectives;

b) Evaluation of the completion rate of tasks up to the assessment date compared to the approved implementation plan;

c) Propose necessary solutions, including adjustments to the design and objectives of the project if needed;

d) Lessons learned from project planning, review, approval, and implementation management.

3. Final assessment:

a) Evaluation of the investment preparation process for the project;

b) Evaluation of the project implementation process: management activities during implementation; achievement of project objectives; resources mobilized for the project; benefits brought to beneficiaries and participants; impacts of the project; sustainability and factors ensuring sustainability of the project;

c) Lessons learned from the project implementation process and recommendations for necessary improvements.

4. Impact assessment:

a) Evaluation of the current economic and technical operation status of the project;

b) Evaluation of the socio-economic impact of the project;

c) Evaluation of the environmental and ecological impact of the project;

d) Evaluation of the project's sustainability;

đ) Successful and failed lessons from the design, implementation, and operation phases of the project.

5. Ad hoc evaluation:

a) Determine the status and nature of unexpected occurrences;

b) Determine the impacts and extent of these occurrences on the project implementation and the ability to achieve project objectives;

c) Recommend intervention measures, implementing agency, and completion deadline.

Article 7. Organization of project investment evaluation implementation

1. The project investor is responsible for organizing initial, mid-term, and final project investment evaluations.

2. The investment decision-maker and state management agencies on investment construction annual plans for impact assessment and ad hoc project investment assessment under their jurisdiction, in accordance with the scale, nature of the project, and budget capacity of the agency.

3. Organizations responsible for implementing project investment evaluation may conduct such evaluations themselves or hire experts, expert teams, or consulting organizations to evaluate the projects. The cost of project investment evaluation is borne by the evaluating agency.

4. In cases where consulting organizations are hired for project investment evaluation, the hired experts, expert teams, and consulting organizations must have the required qualifications and capabilities.

5. The Ministry of Planning and Investment provides guidance on the qualifications and capabilities of organizations and individuals conducting consulting services for project investment evaluation.

Section 2

SUPERVISION AND EVALUATION OF PROJECTS USING OTHER SOURCES OF FUNDS

Article 8. Content of project investment monitoring

1. Contents of monitoring investment projects by the Investor

a) Updating the implementation situation of the project: the overall investment progress of the project;

b) Updating the implementation situation of environmental protection requirements, land use, and mineral resource utilization as prescribed;

c) Updating the implementation situation of contents stipulated in the Investment Certificate.

2. Content of project investment monitoring by state management agencies on investment

a) Monitoring the implementation of reporting systems by the Project Investor;

b) Summarizing the implementation situation of investment projects;

c) Summarizing the implementation situation of environmental protection requirements, land use, and mineral resource utilization for investment projects;

d) Promptly responding and handling arising issues within authority;

đ) Monitoring the handling and compliance with measures imposed by the Project Investor and the authority issuing the Investment Certificate;

e) Promptly reporting and proposing solutions to difficulties, obstacles, and issues exceeding authority.

Article 9. Content of project investment inspection

1. Content of project investment inspection by the authority issuing the Investment Certificate.

a) Inspecting the progress of project implementation;

b) Inspecting the implementation of environmental protection requirements, land use, and mineral resource utilization;

c) Inspecting the implementation of contents stipulated in the Investment Certificate;

d) Identifying and recommending authorities to promptly handle difficulties, obstacles, and violations during project implementation; supervising the handling and compliance with measures for identified issues.

2. Content of project investment inspection by state management agencies on investment.

a) Inspecting the alignment of the project with relevant plans;

b) Inspecting the progress of project implementation;

c) Inspecting the implementation of environmental protection requirements, land use, and mineral resource utilization;

d) Inspecting compliance with national policies, systems, and regulations applicable to the project;

đ) Inspecting the implementation of contents stipulated in the Investment Certificate;

e) Identifying and recommending authorities to promptly handle difficulties, obstacles, and violations during project implementation; supervising the handling and compliance with measures for identified issues.

Article 10. Evaluation of investment projects

1. Encouraging the Project Investor to use other sources of capital to conduct project investment evaluations as prescribed in Articles 5, 6, and 7 of this Decree.

2. State management agencies on investment decide to organize evaluations of investment projects using other sources of capital when necessary and appropriate for investment activity management requirements.

Chapter III

OVERALL MONITORING AND EVALUATION OF INVESTMENT

Article 11. Content of overall investment monitoring

1. Updating the issuance situation of guiding documents for investment-related policies and laws according to authority.

2. Updating the establishment, review, approval, and management of implementation of plans.

3. Updating the establishment, review, approval, and implementation of investment projects using state capital.

4. Updating the implementation situation of state capital investment plans; the situation of overdue investment funds; wastage and loss situations in state capital investment.

5. Updating the examination, issuance of Investment Certificates, and management of implementation of investment projects under the Investment Law.

6. Updating the organization of implementation of investment supervision and evaluation work.

Article 12. Contents of Comprehensive Investment Inspection

1. Inspect the implementation of regulations stipulated in guiding documents for policies and laws related to investment.

2. Inspect the establishment, review, approval, and management of implementation of plans as prescribed (comprehensive socio-economic development plans; industry and key product development plans and other relevant plans).

3. Inspect the establishment, review, approval, and implementation of investment projects using thirty percent or more state capital.

4. Inspect the allocation and management of implementation of investment plans using state capital (objectives, target groups, mobilization of various sources of capital and the situation of investment capital; results and effectiveness of investment); outstanding debts in investment; wastage and loss in investment using state capital.

5. Inspect the examination, issuance of Investment Certificate, and management of implementation of investment projects according to the Investment Law.

6. Inspect the organization and implementation of investment monitoring and evaluation work.

Article 13. Contents of Comprehensive Economic Investment Evaluation

1. Summarize, analyze, and evaluate the situation and results of economic investment according to indicators on scale, speed, structure, progress, and efficiency of investment.

2. Evaluate the degree of achievement compared to approved planning, tasks, or plans, or compared to the level achieved in the previous period.

3. Identify factors and causes affecting the situation and results of investment; propose solutions to improve investment efficiency in the current period or subsequent planning phase; evaluate the feasibility of approved plans and programs.

Article 14. Contents of Comprehensive Evaluation on Investment Management by Ministries, Sectors, Localities, State Economic Groups, and State Corporation 91 regarding:

1. Implementation of regulations in investment preparation work: procedures for project establishment, examination, review, approval; compliance with national strategy, regulations, and plans in making investment decisions.

2. Implementation of regulations during the investment process: land management, compensation and clearance, mobilization of various sources of capital, basic construction procedures (establishment, approval of design, budget, etc.), tendering organization, and other specific regulations on project implementation.

3. Analyze reasons for good and poor implementation of investment management regulations by ministries, sectors, and localities; identify issues not suitable for actual conditions and propose solutions including suggestions for supplementing and amending existing regulations.

Chapter IV

ORGANIZATION OF INVESTMENT MONITORING AND EVALUATION

Article 15. System for Monitoring and Evaluating Investments

1. The Ministry of Planning and Investment is the lead agency assisting the Prime Minister in organizing investment monitoring and evaluation. The Ministry of Planning and Investment has the following specific tasks:

a) Guide, monitor, and compile reports to the Prime Minister on nationwide investment monitoring and evaluation work;

b) Organize comprehensive investment monitoring and evaluation nationwide;

c) Take the lead in developing plans and coordinate with relevant ministries, sectors, and localities to inspect and evaluate important national projects and Group A projects;

d) Propose solutions to the Prime Minister or relevant ministries, sectors, and localities to address difficulties and obstacles in investment activities of industries and localities or specific projects to ensure progress and investment effectiveness;

đ) Examine, provide opinions, or resolve issues within the Ministry's functions and tasks when requested by other ministries, sectors, localities, and investors;

e) Perform other tasks related to investment monitoring and evaluation as required by the Government or the Prime Minister.

2. Ministries and agencies at the ministerial level have the following specific tasks:

a) Organize monitoring, inspection, and comprehensive evaluation of investments within their managed sectors and fields;

b) Organize monitoring, inspection, and evaluation of projects within their decision-making authority (including delegated and authorized projects);

c) Coordinate with the Ministry of Planning and Investment according to plans to organize inspections and evaluations of important national projects and Group A projects within their management scope;

d) Resolve issues within their functions and tasks based on recommendations from other ministries, sectors, localities, and investors;

đ) Provide opinions or resolve issues within their ministry or sector's functions and tasks when requested by other ministries, sectors, localities, and investors;

e) Report on comprehensive investment monitoring and evaluation within their managed sectors and fields and on monitored and evaluated projects within their decision-making authority according to prescribed regulations.

3. People's Committees of provinces and centrally-administered cities have the following specific tasks:

a) Organize monitoring, inspection, and comprehensive evaluation of investments within their management scope;

b) Organize monitoring, inspection, and evaluation of projects within their decision-making authority (including delegated and authorized projects);

c) Organize monitoring, inspection, and evaluation of projects for which they issue Investment Certificates;

d) Supervise the implementation of plans and land use plans, ensuring environmental protection for projects within their province or city; promptly provide opinions or resolve issues related to land clearance and use within their functions and tasks when requested by ministries, sectors, and investors;

đ) Propose solutions to the Prime Minister or relevant ministries and sectors concerning common investment activities in their locality and projects under their management to promptly address difficulties and obstacles, ensuring progress and investment effectiveness;

e) Report on comprehensive investment monitoring and evaluation within their management scope and on monitored and evaluated projects within their decision-making authority according to prescribed regulations.

4. State Economic Groups and State Corporation 91

State Economic Groups and State Corporation 91 have the following specific tasks:

a) Organize monitoring and evaluation of projects they decide to invest in or manage.

b) Timely detect and report to the competent authority deciding on investment and the agency responsible for monitoring and evaluating investment any difficulties and obstacles arising during the implementation of the project, and propose solutions to address them; recommend the competent authority deciding on investment to adjust the project if necessary.

c) Recommend the competent authority, ministries, sectors, and localities to resolve issues related to the projects under their management to ensure progress and investment effectiveness.

5. The investor shall directly organize the supervision and evaluation of the project. Specifically as follows:

a) Establish an internal information system, collect and store all information, data, files, documents, ledgers, vouchers of the project, reports from contractors, changes in state policies and laws, and relevant regulations of the financier concerning the management and implementation of the project (if the project uses ODA funds).

b) Report promptly to the superior management agency to handle any obstacles that exceed their authority.

c) Prepare supervision and evaluation reports in accordance with regulations; provide and share information through the sectoral, local, and national project supervision and evaluation systems.

6. Implementation of supervision and evaluation of investment at ministries, sectors, and localities

a) Ministries and sectors designate a unit (at the Department level) to be the focal point for implementing tasks related to supervision and evaluation of investment within their ministry or sector; guide the implementation of supervision and evaluation of investment for subordinate units, projects delegated or authorized by the ministry or sector to lower levels.

b) Provincial Departments of Planning and Investment serve as the focal point for implementing tasks related to supervision and evaluation of investment within provinces and centrally-administered cities; guide the implementation of supervision and evaluation of investment for subordinate levels and units, projects delegated or authorized by provincial People's Committees to lower levels.

c) State-owned Economic Groups and State-owned Corporations 91 designate departments responsible for continuously implementing tasks related to supervision and evaluation of investment within their enterprises; guide the implementation of supervision and evaluation of investment for subordinate units.

d) Investors use Project Management Boards or designate departments responsible for continuously implementing tasks related to supervision and evaluation of projects within their management scope.

Article 16. Tasks and Authorities of Agencies and Units Implementing Supervision and Evaluation of Investment

1. Agencies and units entrusted with the task of supervising and evaluating investment assist leadership of ministries, sectors, People's Committees at various levels, and State-owned Economic Groups and State-owned Corporations 91 in carrying out investment supervision and evaluation work, with specific responsibilities as follows:

a) Develop plans for tracking, inspecting, and evaluating investment approved by the competent authority and organize the implementation of tracking, inspection, and evaluation of investment within the assigned responsibility scope.

b) Organize a system for providing and storing information on investment situations within the scope of the ministry, locality, or projects (for investors) under their management.

c) Collect reports and information related to tracking, inspecting, and evaluating investment according to specified subjects.

d) Conduct reviews, analyses, and evaluations of information and reports, prepare supervision and evaluation reports in accordance with prescribed content and requirements, and submit them to competent authorities for review.

2. Agencies and units implementing supervision and evaluation of investment have the following authorities:

a) Require agencies and units implementing supervision and evaluation of investment at various levels to report according to prescribed procedures, and provide additional information and documents related to the content of supervision and evaluation of investment if necessary.

b) In cases where necessary, they may directly communicate with agencies and units implementing supervision and evaluation of investment at various levels, investors, or conduct direct inspections on-site. When conducting on-site inspections, they must have a specific plan and content of work and must notify relevant agencies and units in advance.

c) Recommend the competent authority to adjust the project when necessary or revoke the investment decision, suspend, or temporarily halt investment projects if serious violations are discovered during the supervision and evaluation of investment. Report to the competent authority about violations of supervision and evaluation of investment regulations by investors, relevant agencies, and units, and recommend measures to address violations according to their severity.

Article 17. Report on investment supervision and evaluation

1. Reporting System

a) The Ministry of Planning and Investment reports to the Prime Minister on the overall evaluation of annual and periodical investments according to the Government's requirements; compiles reports on overall investment supervision, including the content of comprehensive supervision and evaluation reports on national key projects and Group A projects nationwide for six months and the whole year;

b) Ministries, sectors, localities, state-owned economic groups, and State-owned Enterprise 91 periodically report to the Ministry of Planning and Investment on overall investment supervision and evaluation for six months and the whole year to compile reports for the Prime Minister. Units under ministries, sectors, provinces, and centrally-run cities implement regular reporting systems as prescribed by ministries, sectors, and localities;

c) Project investors using 30% or more state capital:

Monthly report to the authority with investment decision-making power;

Quarterly, six-monthly, and annual reports to their supervising agencies;

Investment supervision report when adjusting the project to the authority with investment decision-making power and the agency responsible for implementing investment supervision and evaluation under their supervising agency;

Investors of national key projects and Group A projects, in addition to establishing and submitting investment supervision and evaluation reports to the agency responsible for implementing investment supervision and evaluation under their supervising agency, also submit quarterly, six-monthly, annual, and adjustment project reports to the Ministry of Planning and Investment for compiling reports for the Prime Minister;

d) Project investors using other sources of capital:

Six-monthly and annual reports to the agency responsible for implementing investment supervision and evaluation under the supervising agency and the agency issuing the Investment Certificate;

2. Deadline for periodic reports

a) Project investors:

Submit monthly reports to the authority with investment decision-making power before the 5th day of the following month;

Submit quarterly reports on investment supervision and evaluation to the agencies responsible for implementing investment supervision and evaluation under their supervising agency and the Ministry of Planning and Investment for compilation (for national key projects and Group A projects) before the 10th day of the first month of the next quarter;

b) Ministries, sectors, and localities:

Report to the Ministry of Planning and Investment on overall investment supervision and evaluation before July 20 each year (for six-monthly reports) and January 20 of the following year (for annual reports);

c) The Ministry of Planning and Investment:

Report to the Prime Minister on overall investment supervision and evaluation before August 20 each year (for six-monthly reports) and before February 20 of the following year (for annual reports);

d) Agencies responsible for investment supervision and evaluation may submit ad hoc reports when necessary and upon request from higher-level agencies;

3. The Ministry of Planning and Investment shall stipulate the format of investment supervision and evaluation reports;

Article 18. Costs for Implementing Investment Supervision and Evaluation

1. Investment supervision and evaluation costs include expenses related to investment supervision and evaluation work at various levels, including:

a) Expenses for investment supervision and evaluation work carried out by state management agencies, which are sourced from the state budget according to the annual plan of the agency performing this task;

b) Expenses for investment project supervision and evaluation work conducted by project investors themselves or through hired consultants, which are included in the total investment cost of the project;

2. The Ministry of Planning and Investment shall coordinate with the Ministry of Finance to establish standards for investment supervision and evaluation costs and provide guidance on managing and utilizing these costs.

Article 19. Responsibilities and Handling of Violations by Agencies and Units Implementing Investment Monitoring and Evaluation

1. Responsibilities of agencies and units implementing investment monitoring and evaluation:

a) Heads of Ministries, sectors, localities, and Project Owners shall be responsible for the consequences resulting from not organizing the implementation of investment monitoring and evaluation or not reporting as prescribed;

b) Agencies assigned the task of implementing investment monitoring and evaluation must be responsible for the contents of their reports;

c) Project Owners shall be responsible for the contents of their reports and shall be liable under the law for all consequences arising from not implementing or inadequately implementing regulations on investment monitoring and evaluation or from providing false information about the implementation of investments within their management scope;

d) Ministries, sectors, and localities must consider and promptly handle issues that arise and recommendations from investment monitoring and evaluation agencies and Project Owners regarding matters within their authority and responsibility within 15 working days from the date of receipt of the relevant party's request document and shall be responsible for handling matters within their jurisdiction or report promptly to higher authorities issues exceeding their jurisdiction.

2. Handling of violations of regulations on investment monitoring and evaluation

a) If within the prescribed time limit, Ministries, sectors, and localities do not submit investment monitoring and evaluation reports, the Ministry of Planning and Investment will report to the Prime Minister and recommend appropriate forms of handling;

b) For projects using 30% or more state capital, if Project Owners do not fully implement the reporting system, the agency implementing investment monitoring and evaluation needs to report to the competent authority and recommend administrative handling measures (two consecutive periods without a report or three periods without a report, recommend a warning; three consecutive periods without a report or six periods without a report, recommend transferring the related personnel to other tasks);

Projects that fail to submit investment monitoring and evaluation reports for two consecutive periods or three or more periods in the previous year will not be recorded in the next year's budget plan.

c) Competent authorities are not permitted to adjust investment projects/Investment Certificates for projects that do not regularly conduct investment monitoring and evaluation as prescribed.

3. Handling of violations in investment management during the process of investment monitoring and evaluation:

a) Agencies implementing investment monitoring and evaluation shall promptly report to competent authorities cases of investment management violations within their management scope for handling according to regulations;

b) Agencies implementing investment monitoring and evaluation that intentionally conceal cases of investment management violations shall be jointly liable under the law for the violations and the consequences caused.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Implementation

1. Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government, Heads of political organizations, political-social organizations, and occupational-political-social organizations, and related organizations and individuals shall be responsible for implementing this Decree.

2. The Ministry of Planning and Investment shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Article 21. Effective Date

This Decree takes effect from February 1, 2010. Previous Government regulations, regulations of ministries equivalent to ministries, and local regulations contrary to this Decree are abolished./.