Circular No. 13/2016/TT-BKHĐT on the regime for online reporting and management of operation of the Information System for Monitoring and Evaluating Investment Programs and Projects using State Capital

CIRCULAR

Provisions on online reporting and management operation

Information system for monitoring and evaluating investment programs,

projects funded by state capital

Pursuant to the Law on Public Investment dated June 18, 2014;

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

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

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on investment supervision and evaluation;

At the proposal of the Director of the Computing Center,

The Minister of Planning and Investment issues this Circular to provide detailed regulations on the online reporting and management operation of the information system for monitoring and evaluating investment programs, projects funded by state capital.

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Circular provides detailed provisions on the reporting system for monitoring and evaluating investments, comprehensive monitoring and evaluation of investments on the business information system at the address (https://dautucong.mpi.gov.vn) to monitor and evaluate investment programs, projects funded by state capital and manage the information system for monitoring and evaluating investment programs, projects funded by state capital.

2. Applicability: This applies to organizations and individuals involved in preparing reports for monitoring and evaluating investments, comprehensive monitoring and evaluation of investments.

Article 2. Interpretation of Terms

1. "Information system for monitoring and evaluating investment programs, projects funded by state capital" (hereinafter referred to as the System) is a system for updating, storing, monitoring, evaluating, analyzing, and publicly disclosing information according to regulations on investment programs, projects funded by state capital nationwide. The system includes the following components:

a) National portal for monitoring and evaluating investments at the address http://giamsatdautuquocgia.mpi.gov.vn: This is a website for monitoring and evaluating investments aimed at transparently disclosing information on state-funded investments and as stipulated in Article 14 of the Law on Public Investment;

b) Business information system at the address https://dautucong.mpi.gov.vn: This is a system for organizations and individuals related to state-funded investment activities to use accounts provided by the Ministry of Planning and Investment to perform tasks as prescribed;

c) The technical infrastructure system, including: network systems, servers, security measures, system software, application software.

2. Special-purpose digital signature in the business information system: This is a digital signature signed by a digital certificate issued by an organization providing special-purpose digital signature verification services for Party and State agencies, political-social organizations;

3. Comprehensive monitoring and evaluation data: This refers to data from six annexes of Form No. 01 as prescribed in Clause 1, Article 2 of Circular No. 22/2015/TT-BKHĐT dated December 18, 2015, issued by the Minister of Planning and Investment on the format of monitoring and evaluation reports (referred to as Circular No. 22/2015/TT-BKHĐT).

Article 3. Provisions on updating information and reports by project sponsors, component project sponsors

1. When investment programs and projects are approved: Update program and project information according to the Investment Policy Decision, Investment Decision into the business information system within seven working days from the date of approval.

2. During the implementation process:

a) The following information must be updated no later than seven working days from the date of adjustment or occurrence:

- Approval of project adjustments;

- Approval, adjustment of technical design or construction drawings and estimates;

- Approval, adjustment of plans, results of contractor selection;

- Contracts, contract adjustments;

- Allocated capital plan;

- Accepted value, disbursed value;

- Information on assessment and inspection.

b) The following information must be updated monthly (if there is any change):

- On-site implementation volume;

- Image or video information about the construction site status for projects with construction components;

3. Upon completion of the program or project: Update the final settlement information of the project according to the Final Settlement Approval Decision within seven working days from the date of approval of the final settlement.

4. Documents that must be attached as scanned color copies of original texts or electronic texts with special-purpose digital signatures to the business information system include:

a) Investment policy decision;

b) Investment Decision, Adjusted Investment Decision (if applicable);

c) Technical Design Approval Decision or Construction Drawing Design Approval Decision and Budget Estimate; Adjusted Technical Design Approval Decision or Adjusted Construction Drawing Design Approval Decision and Budget Estimate (if applicable);

d) Tender Plan Approval Decision, Adjusted Tender Plan Approval Decision (if applicable);

đ) Assessment Result Report;

e) Inspection Result Report;

g) Monitoring and evaluation report of the project as prescribed in Clause 5 of this Article;

h) Final Settlement Approval Decision.

In addition to the information and reports that project sponsors, component project sponsors must update according to the above regulations, it is encouraged to update all relevant documents according to the functions of the business information system.

5. Quarterly compile information from the business information system of contracts under the management scope of the project into a monitoring and evaluation report on investment implementation by the project sponsor, component project sponsor according to Annex 07, Form No. 03, Circular No. 22/2015/TT-BKHĐT, then attach the report file with a stamp or special-purpose digital signature to the business information system.

Reporting deadline as prescribed in point d, Clause 1, Article 69, Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on monitoring and evaluating investments (referred to as Decree No. 84/2015/NĐ-CP).

6. Semi-annually and annually report comprehensive monitoring and evaluation data on the business information system according to the following procedures:

a) Consolidate information from programs and projects within the management scope already available on the business information system;

b) Review and supplement reporting information;

c) Send the data report.

Reporting deadline as prescribed in points đ, e, Clause 1, Article 69, Decree No. 84/2015/NĐ-CP.

7. Updating information and reporting on the business information system as prescribed in Clauses 1, 2, 3, 4, 5, 6 of this Article replaces periodic paper reporting by program sponsors, investors as prescribed in Decree No. 84/2015/NĐ-CP and Circular No. 22/2015/TT-BKHĐT.

8. Project sponsors, component project sponsors who fail to fully comply with the reporting regime prescribed in Article 3 of this Circular will be in violation and subject to handling as prescribed in Article 71, Decree No. 84/2015/NĐ-CP.

Article 4. Reporting Requirements for Ministries, Sectors, Localities, State-owned Economic Groups, and State Capital Investment Corporations

Every six months and annually, report on the overall supervision and evaluation of investment through the Business Information System, including:

1. Supervision and evaluation data on overall investment:

a) Aggregate information from the overall investment supervision and evaluation data on the Business Information System of project sponsors and component projects within their management scope or from subordinate management agencies;

b) Review and supplement reporting information;

c) Send the data report.

2. Contents of program and project evaluations: to be prepared according to Model No. 01 of Circular No. 22/2015/TT-BKHĐT (excluding sub-forms 01, 02, 03, 04, 05, 06 which have been updated with data on the Business Information System) and attach the report file to the Business Information System. When the attached document has been verified with a specialized digital signature, there is no need to submit additional paper reports to competent authorities as stipulated in Decree No. 84/2015/NĐ-CP and Circular No. 22/2015/TT-BKHĐT.

3. The reporting deadline is as prescribed in Clause 4, Article 69 of Decree No. 84/2015/NĐ-CP.

Article 5. Management of Account Usage

1. Account Registration

a) In case a specialized digital certificate has been issued:

Register online at the address https://taikhoan.mpi.gov.vn

b) In case a specialized digital certificate has not yet been issued:

Access the address https://taikhoan.mpi.gov.vn, fill in relevant information about the program owner and project owner, then proceed with one of the following two methods:

Method 1: Contact the managing agency to have the managing agency confirm the registration information using its existing account.

Method 2: Print out the Account Registration Form after submitting the information, obtain confirmation from the unit's leadership (sign and stamp), and send it to the Ministry of Planning and Investment.

2. Account Issuance

a) For accounts registered under point a), Clause 1 of this Article: The Ministry of Planning and Investment shall issue the account within one working day from the completion of the registration.

b) For accounts registered under Method 1, point b), Clause 1 of this Article: The Ministry of Planning and Investment shall issue the account within one working day from when the managing unit confirms the registration information.

c) For accounts registered under Method 2, point b), Clause 1 of this Article: The Ministry of Planning and Investment shall issue the account within one working day from receipt of the registration document.

d) New accounts will be sent via email or mobile phone number declared during registration.

đ) In cases where the user requests a password reset, the information previously reported will serve as the basis for the Ministry of Planning and Investment to reset the password.

3. Account Revocation and Locking

a) An account will be revoked upon receiving a written request or an email with a digital signature or an electronically signed document from the managing agency.

b) An account will be immediately locked if it is found being used for data destruction, attacks, or scanning the System.

4. Security Requirements for Accounts

a) Users must change the initial password within one working day from receiving the account.

b) Do not disclose the password to others who are not responsible for updating on the Business Information System. In case of changing the user of the account, the person taking over the account must change the password and update the user information on the Business Information System.

Article 6. Responsibilities of Project Sponsors and Component Project Managers

1. Timely and accurately update information and reports as prescribed in Article 3 of this Circular.

2. Quarterly, before the 10th day of the first month of the next quarter (except for the fourth quarter, which is on February 10 of the following year), must confirm the updated data on the Business Information System.

3. Bear responsibility for the information and data entered into the Business Information System and bear legal responsibility for inaccurate reports and provision of information about the implementation of investments within their management scope.

4. Appoint staff to manage account usage. Urge and supervise users to comply with security requirements for accounts as stipulated in Clause 4, Article 5 of this Circular.

Article 7. Responsibilities of Ministries, Sectors, Localities, State-owned Economic Groups, and State Capital Investment Corporations

1. Confirm the account registration information of subordinate agencies or project sponsors within their management scope as prescribed in point b), Clause 1, Article 5 of this Circular.

2. Report on overall investment supervision and evaluation as prescribed in Article 4 of this Circular.

3. Quarterly, before the 15th day of the first month of each quarter (except for the fourth quarter, which is on February 15 of the following year), confirm the updated data on the Business Information System of programs and projects managed by component project managers and project sponsors.

4. Urge and supervise the implementation of regulations on updating information and reporting on the Business Information System by subordinate agencies or project investors within their management scope.

5. Appoint staff to manage account usage. Urge and supervise users to comply with security requirements for accounts as stipulated in Clause 4, Article 5.

6. Within their management scope, based on the functions already available on the Business Information System, they may:

a) Provide detailed regulations on the update of information and the exploitation and use of the Business Information System.

b) Specify the responsibilities of agencies and units in using the Business Information System.

Article 8. Responsibilities of the Ministry of Planning and Investment

1. The specialized unit for information technology of the Ministry

a) Construct, upgrade, and manage and operate the System.

b) Manage account usage of the Business Information System nationwide.

c) Urge, supervise, and inspect the update of information and reports on the Business Information System.

d) Publicize the situation of Business Information System usage in real-time; publicize the reporting situation on the Business Information System of agencies and other relevant information as prescribed.

đ) Train and guide the exploitation and use of the System nationwide.

2. Department of Investment Monitoring and Evaluation

a) Every six months and annually, compile reports on overall investment supervision and evaluation through the Business Information System, including:

- Supervision and evaluation data on overall investment: aggregate information from the overall investment supervision and evaluation data on the Business Information System of ministries, sectors, localities, state-owned economic groups, and state capital investment corporations.

- Contents of program and project evaluations: attach the report file to the Business Information System.

Article 9. Implementation

a) In case the vehicle owner has purchased the November 2016 monthly ticket and the fourth quarter 2016 quarterly ticket according to Circular No. 51/2014/TT-BTC, they shall continue to use them until the end of the month or quarter.

2. During implementation, if there are difficulties, please send comments to the Ministry of Planning and Investment for timely review and adjustment./.