Decree No. 131/2015/ND-CP guiding national key projects

DECREE

Guidelines on National Key Projects

_____________________

Based on the Law on Government Organization dated June 25, 12001;

Based on the Law on Public Investment dated 1June 8, 2014;

Based on the Law on Investment dated November 26, 2020;14;

Based on the Law on Bidding dated November 26, 2020;13;

CamendBased on the Law on Construction dated June 18, 2014;

At the proposal of the Minister of Planning and Investment;

The Government issues this Decree to guide on national key projects.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree guides on national key projects, including: The organization and operation method of the State Appraisal Council; project files, procedures for submission and review, and content of the review of national key projects; hiring consulting firms for verification and costs for reviewing and verifying national key projects.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to national key projects.

Article 3. Explanation of Terms

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

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

2. Investment certificates issued according to the Investment Law 2005 or Investment Registration Certificates or approval documents for investment orientation from competent authorities according to the Investment Law 2014, hereinafter referred to collectively as Investment Registration Certificates.

3. Project owners under the Construction Law 2014 or investors under the Investment Law 2014, hereinafter referred to collectively as project owners.

Credit guaranteed by the Government, loans secured by state assets, development capital of state-owned enterprises, land use value, and funds from the development activity fund, hereinafter referred to collectively as other state capital except public investment capital.

Chapter II

ORGANIZATION AND OPERATING METHODS OF THE STATE APPRAISAL COUNCIL

Article 4. Organization, responsibilities, and powers of the State Appraisal Council

1. The State Appraisal Council, established by the Prime Minister's decision for each project, has the task of organizing the review of national key projects (Feasibility Study Reports or Detailed Feasibility Study Reports) to submit to the National Assembly for investment orientation decisions or report to the Prime Minister for investment decisions.

2. The State Appraisal Council consists of the Chairman, Vice Chairmen, and other members of the Council. The Chairman of the State Appraisal Council is the Minister of Planning and Investment; the Vice Chairmen and other members of the Council are representatives of leaders of ministries, sectors, and relevant agencies appointed by the Prime Minister based on the recommendation of the Ministry of Planning and Investment.

3. The Chairman, Vice Chairmen, and members of the State Appraisal Council are responsible to the Prime Minister for the organization and activities of the review assigned to them; opinions on the results of the review, conclusions, and recommendations of the State Appraisal Council regarding the contents of national key projects.

4. The State Appraisal Council has the following powers:

a) To examine and decide on matters concerning the content, program, and work plan of the Council and other related matters during the review of national key projects;

b) To request project owners to provide relevant documents during the review of national key projects, pay verification and review costs according to the approved budget and progress schedule;

c) To request consulting firms to provide relevant documents during the verification of national key projects.

5. The State Appraisal Council operates as a collective body under the direction of the Chairman. A meeting of the State Appraisal Council is considered valid when at least 50% of the members are present (including those authorized). Conclusions are agreed upon by majority rule. In cases where the voting ratio is 50/50 among the members of the Council (including those present at the meeting and those who vote by written ballot sent to the Council), the issue is passed according to the opinion already voted by the Chairman of the Council.

The final conclusion approving the content of the review of national key projects submitted to the Government and the Prime Minister must be approved by at least two-thirds of the members of the State Appraisal Council. Opinions of the members of the State Appraisal Council are implemented through voting at meetings or by written ballots sent to the State Appraisal Council.

6. The State Appraisal Council dissolves itself after completing the review work as prescribed.

Article 5. Responsibilities and Authorities of the Chairman of the National Appraisal Council

1. Review and approve the appraisal plan after receiving opinions from the National Appraisal Council, decide to convene meetings of the National Appraisal Council, preside over sessions; assign responsibilities to Vice Chairmen and members of the National Appraisal Council.

2. Decide on the establishment of a multi-disciplinary expert team or a working group for the Council according to the requirements of each national important project.

3. In necessary cases, the Chairman of the National Appraisal Council may delegate a Vice Chairman of the Council to convene and preside over sessions of the National Appraisal Council or report certain contents or tasks directly managed by the Vice Chairman to the Government.

4. Decide on the hiring and selection of consultants for the appraisal of national important projects in accordance with Articles 10 and 11 of this Decree.

Article 6. Responsibilities and Authorities of the Vice Chairman of the National Appraisal CouncilcouncillORSThe State Appraisal Council

1. Assist the Chairman of the National Appraisal Council in directing the activities of the Council; monitor and implement tasks assigned by the Chairman; regularly report on the situation and results of the Council's implementation.

2. Assist the Chairman in reviewing and evaluating specialized reports and other activities of the Council to submit to the Prime Minister.

Article 7. Responsibilities and Authorities of Members of the National Appraisal Council

1. Examine and provide opinions on the appraisal contents of national important projects within the scope of functions and tasks of their respective Ministries, agencies, and localities, and on general issues of national important projects.

2. Mobilize human resources, working tools, research facilities under their management to complete assigned tasks.

3. Fully participate in sessions of the National Appraisal Council, exchange and contribute opinions on examination and appraisal contents, and vote on conclusions of the National Appraisal Council. In special cases where they cannot attend the meeting, members of the National Appraisal Council must provide written opinions and authorize an authorized representative to attend the meeting.

Article 8. Tasks of the Permanent Office of the National Appraisal Council

The Permanent Office of the National Appraisal Council is the Ministry of Planning and Investment, which has the following tasks:

1. Mobilize the machinery of the Ministry to assist the Chairman of the National Appraisal Council in organizing the work of appraising national important projects and the Council's common activities; coordinate with related agencies, multi-disciplinary expert teams, and consultants to carry out appraisal tasks.

2. Receive and check project files, send project files to Council members and relevant agencies and units.

3. Develop the national important project appraisal plan according to the model prescribed in the Appendix issued together with this Decree, and submit it to the National Appraisal Council.

4. Perform other tasks assigned by the Chairman of the National Appraisal Council.

Article 9. Tasks of the Multi-Disciplinary Expert Team

1. The multi-disciplinary expert team is a unit established to assist the National Appraisal Council, consisting of experts from various Ministries, sectors, localities, and other related agencies.

2. The multi-disciplinary expert team has the following tasks:

a) Prepare appraisal contents to be sent to members of the National Appraisal Council;

b) Prepare additional or amended file contents based on requests from National Appraisal Council members and other working groups during the appraisal process, and submit them to the National Appraisal Council;

c) Carry out tasks to assist the National Appraisal Council in selecting consultants for appraisal in accordance with Article 11 of this Decree when consulting services are required;

d) Prepare consultancy contracts, acceptance certificates, and other related documents to serve the settlement of appraisal and review costs for national important projects;

đ) Summarize opinions of National Appraisal Council members, propose, and submit to the Chairman of the National Appraisal Council for consideration and decision on issues that need to be addressed during the appraisal process;

e) Draft the National Appraisal Council's appraisal report to submit to the Chairman of the National Appraisal Council for consideration and submission to the Government;

g) Carry out other tasks assigned by the National Appraisal Council.

Chapter III

ENGAGEMENT OF CONSULTANTS FOR APPRAISAL AND REVIEW COSTS OF NATIONAL IMPORTANT PROJECTS

Article 10. Authority to Decide on Engaging Consultants for Reviewing National Key Projects

1. Consulting review refers to organizations or individuals within or outside Vietnam, or joint ventures between domestic and foreign entities (hereinafter referred to as consultants) hired by the State Appraisal Council to perform one or more parts of the content of the review of national key projects.

2. The Chairman of the State Appraisal Council decides on engaging domestic consultants for reviewing national key projects according to the selection method prescribed in Article 11 of this Decree; approves the plan for selecting consulting reviewers.

3. The Prime Minister considers and approves the proposal for engaging foreign consultants or joint ventures between domestic and foreign consultants for reviewing national key projects upon the recommendation of the Chairman of the State Appraisal Council.

The engagement and selection of foreign consultants or joint ventures between domestic and foreign consultants for reviewing national key projects shall be carried out in accordance with the provisions of Article 11 of this Decree.

Article 11. Procedures and Formalities for Selecting Consultants for Reviewing National Key Projects

1. The Inter-ministerial Expert Appraisal Team determines whether the consultant contractor has sufficient capacity and experience to immediately undertake the consulting work, and submits it to the Chairman of the State Appraisal Council for approval.

2. Within fifteen days from the date of tendering, the Inter-ministerial Expert Appraisal Team must complete the procedures for direct contracting, including:

a) Preparing and sending the draft contract to the consultant contractor, specifying the requirements regarding the scope, content of the work to be performed, time of performance, quality standards to be achieved, and corresponding value for negotiation and completion of the contract;

b) Conducting negotiations and completing the contract;

c) Submitting to the Chairman of the State Appraisal Council for approval of the results of the direct contracting for project review;

d) Preparing to sign the contract with the selected consultant. The contract is signed among three parties, including representatives of the State Appraisal Council, the project sponsor (or the agency entrusted with preparing the investment project), and the selected consultant;

đ) Publicizing the results of the direct contracting in accordance with the laws on bidding.

Article 12. Costs of Review and Hiring Consultants for Reviewing National Key Projects Implemented by the State Appraisal Council

1. Review costs are the costs of hiring consultants for reviewing national key projects by the State Appraisal Council.

2. Appraisal costs are expenses serving the activities of appraising national key projects by the State Appraisal Council (excluding the review costs mentioned in Clause 1 of this Article). Appraisal costs include remuneration for members participating in the State Appraisal Council, the Inter-ministerial Expert Appraisal Team, and other assisting teams (if any); meeting costs, office supplies, field survey costs (if any), other related costs, contingency costs.

3. The review and appraisal costs for national key projects are determined as follows:

a) The cost standard for reviewing the Feasibility Study Report is calculated based on the cost standard for reviewing the Detailed Feasibility Study Report;

b) Appraisal costs are calculated at 20% of the review cost standard;

c) The cost standard for review is applied in accordance with the laws on construction.

4. The appraisal and consultant review costs for national key projects are included in the total investment amount of the project and are settled by the project sponsor or the agency entrusted with preparing the investment according to the request of the State Appraisal Council, ensuring the progress of the appraisal and review of national key projects according to the plan.

The project sponsor or the agency entrusted with preparing the investment is responsible for settling the review costs for the reviewing consultants according to the signed contract, after obtaining the opinion of the State Appraisal Council.

5. The State Appraisal Council allocates funds to its members, the Inter-ministerial Expert Appraisal Team, and other assisting teams (if any), and other costs, ensuring the operation of the State Appraisal Council's appraisal activities.

Chapter IV

PROCEDURES, FORMALITIES AND CONTENT OF REVIEWING THE INVESTMENT POLICY FOR NATIONAL KEY PROJECTS

Section 1

PROCEDURES, FORMALITIES AND CONTENT OF REVIEWING THE INVESTMENT POLICY FOR NATIONAL KEY PROJECTS USING PUBLIC INVESTMENT FUNDS

Article 13. Procedures and formalities for the investor or unit under the agency assigned to prepare investment to submit for review

1. The documents submitted for review include:

a) Request for review;

b) Preliminary feasibility study report;

c) Other related documents.

2. The investor or unit under the agency assigned to prepare investment (referred to as the investor hereinafter) shall submit fifteen sets of project files in accordance with Clause 1 of this Article to their supervising agency or the agency assigned to prepare investment for internal review in accordance with Point b, Clause 1, Article 19 of the Public Investment Law 2014. The time for internal review shall not exceed thirty days from the date of receiving complete valid files.

3. The investor or unit under the agency assigned to prepare investment shall perfect the project files based on the review content, prepare the files to submit to the Prime Minister.

Article 14. Procedures and formalities for the supervising agency of the investor or the agency assigned to prepare investment to submit for reviewutedc assigned to preparerime Minister ct investment

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

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

b) Preliminary feasibility study report;

c) Internal review report in accordance with Point b, Clause 1, Article 19 of the Public Investment Law 2014;

d) Other related documents.

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

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

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

Article 15. Files for submission for review by the State Appraisal Council and the Government

1. The files submitted by the State Appraisal Council to the Government include:

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

b) The feasibility study report that has been completed according to the appraisal opinions of the State Appraisal Council;

c) Report of the State Review Council;

d) Other related documents.

2. The Government shall consider and provide comments on the investment policy for national key projects in accordance with the Government's working regulations.

3. The files the Government submits to the National Assembly in accordance with Article 20 of the Public Investment Law 2014 are specifically as follows:

a) The proposal of the Government;

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

c) Report of the State Review Council;

d) Other related documents.

Article 16. Content of review of the investment policy for national key projects using public investment funds

1. Review contents include:

a) Evaluation of the project file: Legal basis, components, and content of the file as prescribed;

b) Compliance with criteria for determining the project as a national key project;

c) The necessity of investment, conditions for implementation, evaluation of compliance with planning, strategy, plan, and economic and social development planning, industry and sector planning; compliance with legal provisions;

d) Evaluation of demand forecasting, service scope, and anticipated investment objectives, scale, and investment form;

đ) Evaluation of the investment area, location, anticipated land use needs, and other resource requirements (if applicable);

e) Evaluation of preliminary analysis and selection of main technology and technical conditions for material, equipment, raw materials, energy, services, infrastructure supply;

g) Evaluation of preliminary analysis and selection of investment options and scale of investment items;

h) Evaluation of compensation, support, land clearance, resettlement, environmental protection measures;

i) Preliminary assessment of environmental and social impacts of the project;

k) Evaluation of preliminary determination of total investment amount, capital mobilization plan: Basis for determining investment capital needs, total investment structure, accuracy of investment capital needs; capital sources; analysis of the feasibility of capital mobilization plans and ability to balance public investment funds;

l) Evaluation of preliminary determination of operational, maintenance, repair, and major overhaul costs during the operation phase of the project;

m) Evaluation of the expected project schedule, division of investment phases or division of component projects or sub-projects (if applicable);

n) Evaluation of investment effectiveness: Financial efficiency, socio-economic efficiency, defense and security efficiency, and sustainable development;

o) Evaluation of project implementation solutions: Determination of the investor (if applicable); project management form;

p) Evaluation of special mechanisms and policies; investment incentives and support and application conditions (if applicable).

2. For projects with construction components, in addition to evaluating the contents prescribed in Clause 1 of this Article, they must also evaluate the preliminary design plan in accordance with the Construction Law.

Section 2

PROCEDURES, FORMALITIES AND CONTENT OF REVIEW OF THE INVESTMENT POLICY FOR NATIONAL KEY PROJECTS USING OTHER STATE FUNDS OUTSIDE PUBLIC INVESTMENT FUNDS

Article 17. Procedures and formalities for the sponsor to submit for review

1. Documents for submission for review include:

a) A document requesting implementation of the investment project;

b) Preliminary feasibility study report;

c) A copy of the document confirming the legal status of the sponsor (Certificate of Establishment or Business Registration Certificate or other equivalent legal document);

d) A copy of one of the following documents: The sponsor's financial statements for the two most recent years; financial support commitments from the parent company; financial support commitments from financial organizations; guarantees regarding the sponsor’s financial capacity; documents explaining the sponsor’s financial capacity;

đ) Build-Operate-Transfer (BOT) contract for investment projects implemented under the BOT model;

e) Proposals for special mechanisms and policies (if any);

g) A document reflecting the opinion of the state-owned enterprise representative agency on the investment project according to the provisions of the Law on Management and Use of State Capital for Production and Business at Enterprises (for sponsors that are enterprises with state capital in their charter capital);

h) Resolutions of the Board of Members or the Board of Directors or the General Meeting of Shareholders on investment projects according to the provisions of the Enterprise Law;

i) Other relevant documents.

2. The sponsor shall submit twenty-one sets of documents as stipulated in Clause 1 of this Article to the investment registration authority where the investment project will be carried out.

3. Within three working days from the date of receiving all project investment documents, the investment registration authority shall send twenty sets of project investment documents to the Ministry of Planning and Investment.

4. Within five working days from the date of receiving all project investment documents, the Ministry of Planning and Investment shall report to the Prime Minister to establish the National Appraisal Council in accordance with Article 4 of this Decree.

5. The National Appraisal Council shall review the investment policy for important national projects within ninety days from the date of establishment.

Article 18. Documents for submission for review by the National Appraisal Council and the Government

1. The files submitted by the State Appraisal Council to the Government include:

a) Report of the National Appraisal Council;

b) The feasibility study report that has been completed according to the appraisal opinions of the State Appraisal Council;

c) Documents as specified from Point c to Point i of Clause 1 of Article 17 of this Decree (prepared by the sponsor);

2. The Government shall consider and provide comments on the investment policy for national key projects in accordance with the Government's working regulations.

3. Documents submitted by the Government to the National Assembly include:

a) The proposal of the Government;

b) Investment project documents as stipulated in Clause 1 of this Article.

Article 19. Content of review for the investment policy of important national projects using state capital other than public investment capital

1. Review contents include:

a) Evaluation of the project file: Legal basis, components, and content of the file as prescribed;

b) Compliance with criteria for determining the project as an important national project;

c) The necessity of implementing the project;

d) Evaluation of compatibility with the overall socio-economic development strategy, industry and sector development plans, land use plans, and other resource plans;

đ) Evaluation of objectives, scale, location of investment, estimated land area requirements and other resource needs (if applicable), and selection of main technology options;

e) Evaluation of compensation, support, land clearance, resettlement measures, and environmental protection measures;

g) Preliminary assessment of the project's environmental and social impacts;

h) Evaluation of preliminary determination of total investment cost and financing plan: Basis for determining investment capital needs, total investment structure, accuracy of investment capital needs, sources of funding; analysis of the feasibility of various financing plans;

i) Evaluation of preliminary determination of operating costs, maintenance, repair, and major overhaul during the operation phase of the project;

k) Evaluation of the planned progress of the project, division of investment phases or division of component projects or sub-projects (if applicable);

l) Evaluation of investment effectiveness: Financial efficiency, socio-economic efficiency, defense and security efficiency, and sustainable development;

m) Evaluation of special mechanisms and policies; investment incentives and support conditions (if applicable).

2. For projects with construction components, in addition to evaluating the contents prescribed in Clause 1 of this Article, they must also evaluate the preliminary design plan in accordance with the Construction Law.

Section 3

PROCEDURES, FORMALITIES AND CONTENTS OF REVIEW FOR THE INVESTMENT POLICY OF IMPORTANT NATIONAL PROJECTS NOT USING STATE CAPITAL

Article 20. Procedures, formalities, and documents for submission to review

1. The project investor prepares the documents for submission to review in accordance with the Investment Law 2014, including:

a) A document requesting implementation of the investment project;

b) A copy of the identity card, citizen identification card, or passport for individual investors; a copy of the Certificate of Establishment or equivalent documents confirming the legal status for organizational investors;

c) Project investment proposal including the following contents: Investor implementing the project, investment objectives, scale of investment, investment capital and capital mobilization plan, location, time limit, progress of investment, labor needs;

d) Land clearance, relocation, and resettlement plans (if applicable);

đ) Preliminary environmental impact assessment and environmental protection measures;

e) Assessment of impacts and economic-social effects of the project;

g) Proposals for special mechanisms and policies (if applicable);

h) A copy of one of the following documents: financial reports of the investor for the two most recent years; financial support commitment from the parent company; financial support commitment from a financial organization; financial capacity guarantee of the investor; documents explaining the financial capacity of the investor;

i) Proposal on land use requirements; in cases where the project does not request the State to allocate land, lease land, or permit change of land use purpose, submit a copy of the agreement to lease the site or other documents confirming that the investor has the right to use the site to implement the investment project;

k) Explanation regarding the use of technology for projects specified in Point b Clause 1 Article 32 of the Investment Law 2014, including: Name of technology, origin of technology, process flow diagram; key technical parameters, condition of use of main machinery, equipment, and production lines;

l) Build-Operate-Transfer (BOT) contract for BOT investment projects;

m) Other related documents.

2. The sponsor shall submit twenty-one sets of documents as stipulated in Clause 1 of this Article to the investment registration authority where the investment project will be carried out.

3. Within three working days from the date of receiving all project investment documents, the investment registration authority shall send twenty sets of project investment documents to the Ministry of Planning and Investment.

4. Within five working days from the date of receiving all the project investment documents, the Ministry of Planning and Investment reports to the Prime Minister to establish the National Appraisal Council in accordance with Article 4 of this Decree.

5. The National Appraisal Council reviews the investment policy for important national projects within ninety days from the date of the decision to establish the council.

6. Documents submitted to the Government by the National Appraisal Council include:

a) Report of the National Appraisal Council;

b) Documents as prescribed in Clause 1 of this Article, wherein the project contents have been completed according to the appraisal opinions of the National Appraisal Council (prepared by the investor);

7. The Government considers and provides comments on the investment policy for important national projects in accordance with the Government's operational regulations.

8. Documents submitted to the National Assembly by the Government include:

a) The proposal of the Government;

b) Project investment documents as prescribed in Clause 6 of this Article.

Article 21. Content of Review for Important National Projects Not Using State Capital

1. Compliance with criteria for determining the project as an important national project.

2. Evaluation of the necessity to implement the project.

3. Information about the investor; evaluation of compliance with investment conditions for foreign investors (if applicable).

4. Evaluation of the project's objectives, scale, location, time frame, implementation schedule, land use requirements, land clearance, relocation, and resettlement plans, and environmental protection.

5. Evaluation of the project's alignment with overall socio-economic development planning, industry development planning, and land use planning, natural resource planning (if applicable).

6. Evaluation of legal basis for the investor's right to use the investment site. In cases where there is a proposal to allocate land, lease land, or permit change of land use purpose, review the land use requirements, conditions for allocating and leasing land, and permitting change of land use purpose in accordance with laws on land.

7. Evaluation of the selection of main technology options; for projects specified in Point b Clause 1 Article 32 of the Investment Law 2014, evaluation of the technology used in the investment project.

8. Evaluation of investment capital and capital mobilization plans.

9. Evaluation of impacts and economic-social effects.

10. Evaluation of special mechanisms and policies; investment incentives, support, and application conditions (if applicable).

Section 4

PROCEDURES, FORMALITIES, AND CONTENT OF REVIEW FOR INVESTMENT POLICY OF IMPORTANT NATIONAL PROJECTS INVESTED ABROAD

Article 22. Procedures, formalities, and documents for submission to review

1. The investor prepares the documents for submission to review in accordance with Clause 1 of Article 55 of the Investment Law 2014, including:

a) The registration document for foreign investment;

b) A copy of the identity card, citizen identification card, or passport for individual investors; a copy of the Certificate of Establishment or equivalent documents confirming the legal status for organizational investors;

c) The project proposal including: Objectives, scale, form, location of investment; preliminary determination of investment capital, funding plan, capital structure; project implementation schedule, investment phases (if any); preliminary analysis of the project's investment effectiveness;

d) A copy of one of the documents proving the financial capacity of the investor: the investor’s financial reports for the two most recent years; the parent company's financial support commitment; financial organization's financial support commitment; financial capacity guarantee of the investor; other documents proving the financial capacity of the investor;

đ) Commitment to self-balance foreign currency sources or a document from a permitted credit institution committing to arrange foreign currency for the investor;

e) Decision on foreign investment in accordance with Clause 1 and Clause 2 of Article 57 of the Investment Law 2014;

g) For projects of enterprises wholly owned by the state, the decision on foreign investment specified in Point e of this Clause shall be replaced by the following documents: Approval document of the state-owned enterprise management agency allowing the investor to register for foreign investment to implement the project, including main contents: Investor, objectives, scale, form, location of investment; total investment capital, funding plan, capital structure, project implementation schedule, investment efficiency indicators that need to be achieved by the project; internal review report on the foreign investment project proposal to serve as the basis for the approval of the state-owned enterprise management agency;

h) For foreign investment projects in banking, securities, insurance, science and technology sectors, the investor submits the approval document of the competent state agency regarding compliance with conditions for foreign investment as stipulated in the Law on Credit Organizations, Securities Law, Science and Technology Law, Insurance Business Law;

i) Other relevant documents.

2. The investor submits twenty sets of documents in accordance with Clause 1 of this Article to the Ministry of Planning and Investment.

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

4. The National Review Board reviews and approves the investment policy for important national projects investing abroad within ninety days from the date of establishment.

5. Documents submitted by the National Review Board to the Government include:

a) Report of the National Appraisal Council;

b) Documents as prescribed in Clause 1 of this Article (prepared by the investor, after incorporating and completing the project proposal based on the National Review Board's review comments).

6. The Government considers and provides opinions on the investment policy for important national projects investing abroad according to the Government's operational regulations.

7. Documents submitted by the Government to the National Assembly include:

a) The proposal of the Government;

b) Project investment documents as prescribed in Clause 5 of this Article.

Article 23. Content of determining the investment policy for important national projects investing abroadrime Minister c1. Conditions for issuing the Certificate of Registration for Foreign Investment as stipulated in Article 58 of the Investment Law 2014.ầ2. Legal status of the investor.

3. Necessity of conducting investment activities abroad.

4. Compliance of the project with the provisions of Clause 1 of Article 51 of the Investment Law 2014.

5. Evaluation of the basic contents of the project: scale, form of investment, location, duration and implementation schedule of the project, investment capital, sources of capital.

6. Assessment of risk levels in the country of investment.

PROCEDURES, FORMALITIES AND CONTENT OF REVIEWING ADJUSTMENTS TO INVESTMENT POLICIES FOR PROJECTS AS PROVIDED FOR IN CLAUSE 4 OF ARTICLE 40 OF THE INVESTMENT LAW 2014

6. Assess the level of risk in the investing country.

Section 5

PROCEDURES, FORMALITIES AND CONTENT OF APPRAISING AMENDMENTS TO INVESTMENT POLICIES FOR INVESTMENT PROJECTS AS PROVIDED FOR IN CLAUSE 4, ARTICLE 40 OF THE INVESTMENT LAW 2014

Article 24. Procedure and formalities for submitting for review the adjustment of investment orientation policies for projects using state capital outside public investment capital

1. The dossier submitted for review by the project investor shall include:

a) A document requesting the adjustment of investment orientation policies, clearly stating the contents of the requested adjustments and reasons for the adjustments;

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

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

d) A copy of the document confirming the legal status of the project investor (Certificate of Establishment or Business Registration Certificate or equivalent legal document), if there has been a change in the project investor;

đ) A copy of one of the following documents: Financial statements of the project investor for the two most recent years; financial support commitments from the parent company; financial support commitments from financial organizations; guarantees regarding the financial capacity of the project investor; documents explaining the financial capacity of the project investor;

e) The BOT contract for the project if it is implemented under the BOT model (if there has been a change);

g) Proposals for special mechanisms and policies (if applicable).

h) Other related documents.

2. The sponsor shall submit twenty-one sets of documents as stipulated in Clause 1 of this Article to the investment registration authority where the investment project will be carried out.

3. Within three working days from the date of receiving the complete project investment dossier, the investment registration agency shall send twenty sets of the project investment dossier to the Ministry of Planning and Investment.

4. Within five working days from the date of receiving all the project investment documents, the Ministry of Planning and Investment reports to the Prime Minister to establish the National Appraisal Council in accordance with Article 4 of this Decree.

5. The National Review Council shall review the adjustment of investment orientation policies for national key projects within ninety days from the date of the decision to establish the council.

6. Documents submitted to the Government by the National Appraisal Council include:

a) Report of the National Appraisal Council;

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

c) Documents as prescribed in Point a and Points c to h Clause 1 of this Article (prepared by the project investor).

7. The Government shall consider and provide comments on the adjustment of investment orientation policies for national key projects according to the Government's operational regulations.

8. Documents submitted to the National Assembly by the Government include:

a) The proposal of the Government;

b) Project investment documents as prescribed in Clause 6 of this Article.

Article 25. Content of review for the adjustment of investment orientation policies for projects using state capital outside public investment capital

The contents of the adjustments must be reviewed; the corresponding review contents shall be carried out in accordance with the provisions of Article 19 of this Decree.

Article 26. Dossier for submission for review of the adjustment of investment orientation policies for projects not using state capitalcouncillORSnh adjustment of investment orientation policies for projects not using state capital

1. The dossier submitted for review by the project investor shall include:

a) A document requesting the adjustment of investment orientation policies, clearly stating the contents of the requested adjustments and reasons for the adjustments;

b) Documents corresponding to the adjusted contents as prescribed from Point b to Point m Clause 1 of Article 20 of this Decree;

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

d) Other related documents.

2. The investor shall submit twenty-one sets of the dossier as prescribed in Clause 1 of this Article to the investment registration agency where the project is to be implemented.

3. Within three working days from the date of receiving all project investment documents, the investment registration authority shall send twenty sets of project investment documents to the Ministry of Planning and Investment.

4. Within five working days from the date of receiving all the project investment documents, the Ministry of Planning and Investment reports to the Prime Minister to establish the National Appraisal Council in accordance with Article 4 of this Decree.

5. The National Review Council shall review the adjustment of investment orientation policies for national key projects within ninety days from the establishment of the council.

6. Documents submitted to the Government by the National Appraisal Council include:

a) Report of the National Appraisal Council;

b) Documents as prescribed in Clause 1 of this Article (prepared by the project investor after incorporating and completing the project dossier based on the review opinions of the National Review Council);

7. The Government shall consider and provide comments on the adjustment of investment orientation policies for national key projects according to the Government's operational regulations.

8. Documents submitted to the National Assembly by the Government include:

a) The proposal of the Government;

b) Project investment documents as prescribed in Clause 6 of this Article.

Article 27. Content of review for the adjustment of investment orientation policies for projects not using state capital

The contents of the adjustments must be reviewed; the corresponding review contents shall be carried out in accordance with the provisions of Article 21 of this Decree.

Chapter V

PROCEDURE, FORMALITIES AND CONTENT OF REVIEW FOR INVESTMENT DECISIONS ON NATIONAL KEY PROJECTS

Section 1

PROCEDURE, FORMALITIES AND CONTENT OF REVIEW FOR PROJECTS

Article 28. Procedure and formalities for submission for review

1. The dossier submitted for review by the project investor shall include:

a) Request for review;

b) Feasibility study report;

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

d) Other related documents.

2. The project investor shall submit the project dossier as prescribed in Clause 1 of this Article to the competent authority or the state asset management agency (hereinafter referred to as the competent authority) for examination and submission to the Prime Minister in accordance with Point a Clause 1 of Article 44 of the Public Investment Law 2014.

3. The dossier submitted for review by the competent authority shall include:

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

b) Feasibility study report;

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

d) Other related documents.

4. The competent authority shall send one set of the dossier as prescribed in Clause 3 of this Article to report to the Prime Minister; at the same time, send twenty sets of the dossier to the Ministry of Planning and Investment.

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

6. The National Review Council shall review the national key project dossier within ninety days from the date of receipt of the valid project dossier.

7. Based on the review opinions of the National Review Council, the project investor and the competent authority shall perfect the project; the competent authority shall approve the revised contents of the project and submit them to the National Review Council.

8. The National Review Council shall submit to the Prime Minister for consideration and decision on investment in the project. The dossier includes:

a) The proposal to the Prime Minister by the competent authority (prepared by the competent authority after incorporating and completing the project dossier based on the review opinions of the National Review Council);

b) The feasibility study report completed according to the review opinions of the National Review Council;

c) Report of the State Review Council;

d) The Resolution of the National Assembly approving the investment orientation policy for national key projects;

đ) Other related documents.

9. The Prime Minister shall consider and decide on investment in national key projects according to the Government's operational regulations.

Article 29. Contents for review to decide on investment in national key projects

1. Review contents include:

a) Evaluation of the project file: Legal basis, components, and content of the file as prescribed;

b) The necessity to invest in the Project;

c) The conformity of the Project with strategies, plans, and development master plans for the economy and society, industry development master plans; conformity with investment policies;

d) Evaluation of the analysis and determination of project objectives, tasks, and outputs; analysis and selection of project scale; investment form; analysis of natural conditions, economic-technical conditions, and selection of investment locations;

đ) Evaluation of land use needs; conditions for transferring land use rights, leasing land, and changing land use purposes according to laws on land (if applicable);

e) Evaluation of timeframes, progress, and key milestones for implementation; phased investment;

g) Evaluation of raw material sources; machinery and equipment; options for selecting technology, techniques, and equipment;

h) Evaluation of environmental impacts and environmental protection measures; fire prevention and explosion control; ensuring defense, security, and other factors;

i) Evaluation of total investment amount, including operational, maintenance, repair, and major overhaul costs during the operation phase; basis for determining investment capital requirements; accuracy level of capital requirements; capital structure, analysis of the feasibility of capital-raising methods; ability to raise capital according to the investment schedule; ability to recover capital and repay loans; risk analysis; human resource training (if applicable);

k) Evaluation of investment effectiveness, including financial efficiency, economic and social impact of the Project;

l) Evaluation of overall compensation, land clearance, relocation, resettlement plans (if applicable);

m) Evaluation of project management organization, including: identification of the investor; project management form; relationships and responsibilities of relevant subjects throughout the project implementation process; organizational structure for managing and operating the project;

2. For construction component projects, in addition to evaluating the contents stipulated in Clause 1 of this Article, it is also necessary to evaluate the basic design plan in accordance with laws on construction.

Section 2

PROCEDURES, REQUIREMENTS AND CONTENTS FOR REVIEW OF NATIONAL KEY PROJECT ADJUSTMENTS

Article 30. Cases for Adjusting National Key Projects

Adjustment of national key projects shall be carried out in accordance with Clause 2, Article 46 of the Public Investment Law 2014 and Clause 1, Article 61 of the Construction Law 2014.

Article 31. Procedures and Requirements for Submitting for Review

1. Documents submitted for review of project adjustments by investors include:

a) Request for review of project adjustment;

b) Feasibility study report on project adjustment;

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

d) Other related documents.

2. Investors submit the project documents as stipulated in Clause 1 of this Article to the supervisory agency to report and submit to the Prime Minister.

3. Documents submitted for review of project adjustments by the supervisory agency include:

a) Request for the Prime Minister's approval to adjust the investment project of the supervisory agency;

b) Documents as stipulated in Clause 1 of this Article.

4. The supervisory agency sends one set of adjusted project documents as stipulated in Clause 3 of this Article to report to the Prime Minister; simultaneously sending twenty sets of documents to the Ministry of Planning and Investment.

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

6. The State Council reviews the adjustment of national key projects within ninety days from the date of receipt of valid project documents.

7. Based on the State Council's review opinions, investors and supervisory agencies complete the adjusted project; the supervisory agency approves the completed project adjustment contents and submits them to the State Council.

8. The State Council submits the project adjustment for consideration and decision by the Prime Minister. The documents include:

a) Request for the Prime Minister's approval to approve the adjustment of the investment project of the supervisory agency (prepared by the supervisory agency after incorporating and completing the project documents based on the State Council's review opinions);

b) Completed feasibility study report on project adjustment according to the State Council's review opinions;

c) State Council's project adjustment review report;

d) Report on monitoring and evaluating the adjustment of the investment project;

đ) Other related documents.

9. The Prime Minister considers and decides on the adjustment of national key projects in accordance with the Government's working regulations.

Article 32. Content for Review of Adjustment

The contents subject to adjustment must be reviewed; the corresponding review procedures shall be carried out in accordance with Article 29 of this Decree.

Chapter VI

IMPLEMENTING PROVISIONS

Article 33. Transitional Measures for Ongoing Projects Involving National Key Projectson Criteria for national key projects

1. An ongoing project is a project that has received an investment decision (for state-funded projects) or has been issued an Investment Registration Certificate.

2. For ongoing projects that meet the criteria of national key projects as stipulated in Article 7 of the Public Investment Law 2014 and Article 30 of the Investment Law 2014, the following measures shall be implemented:

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

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

c) Management of projects specified in this Clause shall be conducted in accordance with the provisions of the investment decision, investment registration certificate already issued, or previous amended investment decisions or investment registration certificates.

3. For ongoing projects where changes occur, and such changes fall under the criteria of national key projects as stipulated in Article 7 of the Public Investment Law 2014 and Article 30 of the Investment Law 2014, the following measures shall be implemented:

a) Such projects shall continue to be implemented; the project investor shall report to the investment decision-maker or the investment registration authority on any arising issues;

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

c) The procedures and processes for reviewing and adjusting the project shall be carried out according to current regulations applicable to the project or group of projects before the adjustment;

d) Management of projects specified in this Clause shall be conducted in accordance with the laws governing national key projects.

Article 34. Effective Date

1. This Decree takes effect from February 15, 2016.

2. Repeal Decree No. 03/2013/NĐ-CP dated January 4, 2013 of the Government detailing and guiding the implementation of certain provisions of Resolution No. 49/2010/QH12 of the National Assembly on national key projects submitted to the National Assembly for investment policy approval.

Article 35. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and relevant organizations and individuals are responsible for implementing this Decree./.