Decree No. 136/2015/NĐ-CP guiding the implementation of certain articles of the Law on Public Investment

DECREE

HGuidelines for Implementing Certain Provisions of the Law on Public Investment

______________________

 

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

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

Pursuant to Resolution No. 100/2015/QH1Resolution No. 3 dated November 12, 2015 of the National Assembly approving the investment orientation for national target programs during the period of 2016-2020;

At the proposal of the Minister of Planning and Investment,

The Government promulgates this Decree guiding the implementation of certain provisions of the Law on Public Investment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed guidance on the implementation of certain provisions of the Law on Public Investment regarding:

1. Classification of public investment programs and projects.

2. Preparation, review, and decision-making on investment orientation for public investment programs and projects in Groups A, B, and C.

3. Preparation, review, and decision-making on investment for public investment programs and projects in Groups A, B, and C.

4. Adjustment of public investment programs and projects.

5. Management of public investment projects without construction components.

Article 2. Applicability

Agencies, organizations, and individuals involved in public investment activities, management, and utilization of public investment capital.

Article 3. Explanation of Terms

1. An overall investment project is a large-scale project involving multiple industries, fields, or regions. An overall investment project includes component projects in various industries, fields, or regions.

2. A project item is a part within the structure of an investment project divided according to industry, field, or the purpose of the project.

3. A project under the Ministry, agency at the ministerial level, government agency, Supreme People's Court, Supreme People's Procuracy, State Audit Agency, Office

4. An urgent project is an investment project requiring immediate implementation for the following objectives: protecting national sovereignty, ensuring national security; preventing direct disasters to lives, health, and property of the community; promptly addressing or mitigating consequences caused by unforeseen incidents, accidents, or severe environmental emergencies.

5. Internal review is a preliminary review to perfect the dossier and report before submitting to the competent authority or the Review Board for investment orientation review, capital source review, and financial balance capability review as the basis for the competent authority to decide on investment orientation. Internal review includes reviewing the Preliminary Feasibility Study Report and the Investment Orientation Proposal Report; reviewing the capital sources and financial balance capability. The internal review body for central ministries' and sectors' programs and projects and local People's Committees' managed programs and projects is decided by the Heads of central ministries and sectors and local People's Committees.

Article 4. Classification of public investment programs

1. National Target Programs are programs defined in Clause 9, Article 4 of the Law on Public Investment using public investment capital and other economic sector capitals (if any).

2. Central Budget Target Programs are programs using all or part of the central budget to invest according to the goals and tasks of:

a) Central ministries and sectors alone;

b) Both central ministries and sectors and localities;

c) Localities alone.

3. Local Budget Target Programs are programs using the entire locally balanced budget, local government bond funds, retained revenue for investment but not included in the local budget balance, and other lawful local funds for specific local goals and tasks.

4. National Treasury Bond Target Programs, Government Bonds Target Programs are programs to implement certain important goals and tasks nationwide.

5. Official Development Assistance (ODA) and Preferential Loan Target Programs from foreign sponsors are a set of activities and related projects involving one or more industries, fields, regions, territories, central ministries and sectors, and localities to achieve specific goals and tasks.

6. State Investment Credit Development Programs include investment credit programs and social policy credit programs implemented by the Vietnam Development Bank and the Vietnam Social Policy Bank to finance projects eligible for these programs as prescribed by the Government.

7. Investment Programs from Retained Revenue for Investment but Not Included in the National Budget Balance of Central Ministries and Sectors are programs implementing specific goals and tasks decided by the National Assembly and the Government based on specific revenue sources.

Article 5. Classification of public investment projects

1. Classification of public investment projects according to Article 6 of the Public Investment Law.

2. Criteria for classifying group A, group B, and group C projects as prescribed in Articles 8, 9, and 10 of the Public Investment Law and detailed in Appendix I attached to this Decree. For projects with multiple investment components in different industries and fields, the classification will be based on the industry or field component with the largest capital ratio.

3. Criteria for determining key group C projects of localities:

a) The People's Council at the provincial level decides the criteria for key group C projects managed by the locality for each five-year public investment plan, in accordance with the goals and orientation of the five-year socio-economic development plan, financial capacity, and specific characteristics of the locality;

b) Main criteria for determining key group C projects include: the significance and importance of the project in each industry and field, and its impact on the socio-economic development of the locality during each stage; the scale of the project in terms of industry and field; the ripple effect of the project on industry and field development and territorial regions; economic and social effectiveness, and financial effectiveness (if applicable).

Article 6. Adjustment of criteria for classifying public investment projects

1. Adjustment of criteria for classifying public investment projects according to Article 11 of the Public Investment Law. Specifically regarding price indices, the adjustment criteria for total investment costs will be considered when the average annual consumer price index increases by more than 30% compared to 2015 in the first adjustment; subsequent adjustments will be considered when the average annual consumer price index increases by more than 30% compared to the previous year of adjustment.

2. The Ministry of Planning and Investment:

a) Summarize reports to the Government for comments on the adjustment of criteria for classifying public investment projects as stipulated in Clause 1 of this Article;

b) Incorporate the Government's comments from Point a of this Clause, complete the report

Article 7. Costs for preparing and reviewing public investment programs and projects

1. Costs for preparing and reviewing the Report on Proposing Investment Policy Orientation and Feasibility Study Report for public investment programs using the operating funds of the agencies and units implementing these tasks and in accordance with regulations on operating expenses from the state budget issued by competent authorities, including:

a) Costs for preparing the Report on Proposing Investment Policy Orientation and Feasibility Study Report (in cases where consultancy services are hired);

b) Reviewing costs;

c) In cases where the competent authority does not decide on the investment policy orientation or investment decision for the program, the costs under Points a and b of this Clause will still be recorded and settled in the operating expenses of the agency assigned to prepare and review the public investment program.

2. Costs for preparing and reviewing the Preliminary Feasibility Study Report for group A projects:

a) Costs for preparing (in cases where consultancy services are hired) and reviewing the Preliminary Feasibility Study Report for group A projects with construction components, wherein the preliminary total investment cost of the project is determined in accordance with Clause 2 of Article 15 of the Public Investment Law and construction laws;

b) Costs for preparing (in cases where consultancy services are hired) and reviewing the Preliminary Feasibility Study Report for group A projects without construction components, implemented according to the provisions for projects with construction components as stipulated in Point a of this Clause, excluding contents related to construction design.

3. Costs for preparing (in cases where consultancy services are hired) and reviewing the Report on Proposing Investment Policy Orientation for group B projects (including projects with construction components and those without construction components), wherein the preliminary total investment cost is determined in accordance with Clause 2 of Article 15 of the Public Investment Law and the following specific provisions:

a) Projects with a total investment cost from VND 8 trillion to less than VND 23 trillion can have a maximum expenditure of up to 60% of the costs for preparing and reviewing the Preliminary Feasibility Study Report for group A projects as stipulated in Clause 2 of this Article;

b) Projects with a total investment cost below VND 8 trillion can have a maximum expenditure of up to 30% of the costs for preparing and reviewing the Preliminary Feasibility Study Report for group A projects as stipulated in Clause 2 of this Article.

4. Costs for preparing (in cases where consultancy services are hired) and reviewing the Report on Proposing Investment Policy Orientation for group C projects (including projects with construction components and those without construction components) implemented in accordance with Clause 2 of Article 15 of the Public Investment Law and a maximum of up to 50% of the costs for preparing and reviewing the Report on Proposing Investment Policy Orientation for group B projects with a total investment cost below VND 8 trillion as stipulated in Point b of Clause 3 of this Article.

5. Costs for preparing (in cases where consultancy services are hired) and reviewing the Feasibility Study Report for projects without construction components implemented in accordance with the Public Investment Law and construction laws, excluding contents related to construction design.

6. Costs for preparing (in cases where consultancy services are hired) and reviewing the Preliminary Feasibility Study Report, Report on Proposing Investment Policy Orientation, and Feasibility Study Report as stipulated in Clauses 2, 3, 4, and 5 of this Article shall be included in the project investment preparation capital. In cases where the project is not decided on the investment policy orientation or investment decision by the competent authority, the costs already spent on the preparation work for the Preliminary Feasibility Study Report, Report on Proposing Investment Policy Orientation, and Feasibility Study Report will be recorded and settled in the investment preparation costs within the development investment expenses of central ministries and sectors and local levels managing the project.

Chapter II

PREPARATION, REVIEW, AND DECISION ON INVESTMENT POLICY ORIENTATION FOR PUBLIC INVESTMENT PROGRAMS AND PROJECTS

Article 8. Competence and conditions for deciding investment orientation policies for programs and projects

1. Competence to decide investment orientation policies for programs and projects as stipulated in Article 17 of the Public Investment Law. For Group B and Group C projects funded from different sources of public investment capital:

a) The head of the Ministry or central agency decides the investment orientation policy for projects managed by the Ministry or central agency within the competence prescribed in Clause 4, Article 17 of the Public Investment Law;

b) People's Councils and People's Committees at all levels decide the investment orientation policy for projects managed by localities within the competence prescribed in Point b, Clause 5 and Clause 6, Article 17 of the Public Investment Law.

2. Conditions for deciding investment orientation policies for programs and projects as stipulated in Article 18 of the Public Investment Law.

Article 9. Procedures and formalities for deciding investment orientation policies for public investment programs

1. Procedures and formalities for deciding investment orientation policies for national target programs as stipulated in Articles 19 and 21 of the Public Investment Law.

2. Procedures and formalities for deciding investment orientation policies for programs under the competence of the Government as stipulated in Article 22 of the Public Investment Law.

3. Procedures and formalities for deciding investment orientation policies for public investment programs using entirely local budget funds, local government bond funds, retained revenue for investment but not included in the local budget balance, and other local budget loans as stipulated in Article 28 of the Public Investment Law.

Article 10. Procedures and formalities for deciding investment orientation policies for Group A projects

Procedures and formalities for deciding investment orientation policies for Group A projects (including emergency projects and public-private partnership projects as stipulated in Point b, Clause 3, Article 33 of the Public Investment Law) shall be carried out according to the provisions of Article 23 of the Public Investment Law.

Article 11. Procedures and formalities for deciding investment orientation policies for programs and projects using ODA and concessional loan funds from foreign donors

Procedures and formalities for deciding investment orientation policies for programs and projects using ODA and concessional loan funds from foreign donors as stipulated in Article 24 of the Public Investment Law and the Government Decree on management and use of official development assistance (ODA) and concessional loan funds from foreign donors.

Article 12. Procedures and formalities for deciding investment orientation policies for Group B and Group C projects, excluding small-scale Group C projects under national target programs as stipulated in Article 13 of this Decree

1. Procedures and formalities for deciding investment orientation policies for Group B and Group C projects managed by central agencies of the Vietnam Fatherland Front and political-social organizations, and other agencies and organizations as stipulated in Article 25 of the Public Investment Law.

2. Procedures and formalities for deciding investment orientation policies for Group B and Group C projects of Ministries and central agencies as stipulated in Article 26 of the Public Investment Law.

3. Procedures and formalities for deciding investment orientation policies for Group B and Group C projects using central government budget funds, national treasury bonds, and government bonds managed by localities as stipulated in Article 27 of the Public Investment Law. Specifically, for projects managed by provincial People's Committees, the provincial People's Committee establishes an Appraisal Board to appraise the Investment Orientation Proposal Report according to Point b, Clause 2, Article 23 of the Public Investment Law or assigns the Department of Planning and Investment to lead and coordinate with relevant agencies to appraise the Investment Orientation Proposal Report, internally appraise fund sources and funding balance capacity.

4. Procedures and formalities for deciding investment orientation policies for Group B and Group C projects using locally balanced budget funds, local government bond funds, retained revenue for investment but not included in the local budget balance, and other local budget loans for investment as stipulated in Articles 29, 30, and 31 of the Public Investment Law.

Article 13. Procedures for establishing, reviewing, and deciding on investment policies under the simplified process for small-scale Group C projects of national target programs with non-complex technology, where the State partially supports investment and the remaining part is contributed by the people.

1. The Prime Minister shall decide on the criteria for small-scale Group C projects of national target programs with non-complex technology, where the State partially supports investment and the remaining part is contributed by the people (hereinafter referred to as small-scale Group C projects) that apply the simplified procedures as stipulated in Clauses 2, 3, 4, and 5 of this Article.

2. Heads of Ministries and central agencies:

a) Assign subordinate units to establish and organize internal review of the Investment Policy Proposal Report for the list of small-scale Group C projects specified in Clause 1 of this Article (without preparing an Investment Policy Proposal Report for each individual project) and estimate the total investment amount for the entire list of projects, clearly stating the structure of public investment funds and mobilization of other sources of capital; complete and submit to the Ministry of Planning and Investment, the Ministry of Finance, and the program target management agency for review of funding sources and financial balance capability for projects using central government budget funds, national treasury bonds, and government bonds;

b) Decide on the investment policy for the entire list of projects, including objectives, scale, total investment amount for the entire list of projects, capital source structure, location, implementation schedule based on the funding source and financial balance capability review report of the Ministry of Planning and Investment at Point a of this Clause.

3. Heads of central agencies of the Vietnam Fatherland Front and political-social organizations, agencies, and organizations:

a) Assign subordinate units to establish and organize internal review of the Investment Policy Proposal Report for the entire list of small-scale Group C projects specified in Clause 1 of this Article (without preparing an Investment Policy Proposal Report for each individual project) and estimate the total investment amount for the entire list of projects, clearly stating the structure of public investment funds and mobilization of other sources of capital; complete and submit to the Ministry of Planning and Investment, the Ministry of Finance, and the program target management agency for review of the Investment Policy Proposal Report, funding sources, and financial balance capability;

b) Based on the review report of the Ministry of Planning and Investment at Point a of this Clause, complete the Investment Policy Proposal Report to be submitted to the Prime Minister for decision on the investment policy for the entire list of projects, including objectives, scale, total investment amount for the entire list of projects, capital source structure, location, implementation schedule.

4. Chairpersons of provincial People's Committees:

a) Assign the program target management agency or lower-level People's Committee to prepare the Investment Policy Proposal Report for the entire list of small-scale Group C projects specified in Clause 1 of this Article (without preparing an Investment Policy Proposal Report for each individual project) and estimate the total investment amount for the entire list of projects, clearly stating the structure of public investment funds and mobilization of other sources of capital to be submitted to the competent authority;

b) Assign the Department of Planning and Investment to lead and coordinate with relevant agencies to review the Investment Policy Proposal Report for the entire list of small-scale Group C projects, without detailed review of each individual project;

c) Direct the unit specified in Point a of this Clause to complete the Investment Policy Proposal Report for the project according to the review report specified in Point b of this Clause and submit it to the Department of Planning and Investment for consolidation and submission to the provincial People's Committee for comments before sending it to the Ministry of Planning and Investment, the Ministry of Finance, and the main program target management agency for review of funding sources and financial balance capability for projects using central government budget funds, national treasury bonds, and government bonds;

d) Based on the review report of the Ministry of Planning and Investment on funding sources and financial balance capability, decide on the investment policy for the entire list of projects, including objectives, scale, total investment amount for the entire list of projects, capital source structure, location, implementation schedule of the project.

5. The Ministry of Planning and Investment and the agency assigned to review funding sources and financial balance capability as stipulated in Article 38 of the Public Investment Law shall lead and coordinate with relevant agencies to review the entire list of small-scale Group C projects (without detailed review of each specific project) and submit it to central ministries, sectors, and localities for completion of the Investment Policy Proposal Report, to be submitted to the competent authority for decision on the investment policy.

Article 14. Procedures and formalities for deciding on investment policies for urgent projects in Group B and Group C using central state budget funds

1. The head of a central ministry or sector, based on the Decision of the competent authority regarding the state of emergency or emergency situation as stipulated in the Emergency Situation Ordinance, the Law on Prevention and Control of Natural Disasters, the Law on Dikes, and other relevant legal documents, and decisions on emergencies in the fields of national defense and security (hereinafter referred to as the emergency order of the competent authority), shall be responsible for:

a) Assigning subordinate units to organize surveys and prepare the Investment Policy Proposal Report for the project;

b) Assigning units with the function of appraising the project;

c) Directing the unit specified in Point a of this Clause to complete the Investment Policy Proposal Report for the project for submission.

2. The Chairman of the People's Committee at the provincial level, based on the emergency order of the competent authority, shall be responsible for:

a) Assigning specialized agencies or the People's Committee at the district level to prepare the Investment Policy Proposal Report for the project;

b) Assigning the Department of Planning and Investment to lead and coordinate with related departments and sectors to appraise the Investment Policy Proposal Report for the project;

c) Directing the agency specified in Point a of this Clause to complete the Investment Policy Proposal Report for the project according to the appraisal report specified in Point b of this Clause, to be sent to the Department of Planning and Investment for consolidation and reporting to the People's Committee at the provincial level for submission to the Prime Minister, and concurrently to the Ministry of Planning and Investment, the Ministry of Finance, and the central ministries and sectors related to the urgent project.

3. The Ministry of Planning and Investment shall lead and coordinate with the Ministry of Finance to consider the possibility of supplementing central state budget funds for the year to implement the urgent project or urgent component that needs to be implemented within the annual plan, for submission.

4. The Prime Minister shall decide on the investment policy for the urgent project, including objectives, scale, total investment amount, location, implementation schedule, capital structure, and specifically decide on the level of central state budget funding for the project.

Article 15. Procedures and formalities for deciding on investment policies for urgent projects in Group B and Group C using balanced local government budget funds

1. For projects using balanced local government budget funds at the provincial level, the Chairman of the People's Committee at the provincial level, based on the emergency order of the competent authority:

a) Assigns specialized agencies managing the urgent project or the People's Committee at the district level to organize actual surveys and prepare the Investment Policy Proposal Report for the project;

b) Assigns the Department of Planning and Investment to lead and coordinate with related departments and sectors to appraise the Investment Policy Proposal Report for the project, to report to the People's Committee at the provincial level to decide on the investment policy and supplement the necessary funds for implementation;

c) Decides on the investment policy for the urgent project, including objectives, scale, total investment amount, location, time, implementation schedule, capital structure; reports to the Provincial People's Council at the nearest session about the decision on the investment policy for urgent projects in Group B and key projects in Group C managed by the province.

2. For projects using balanced local government budget funds at the district and commune levels, the Chairman of the People's Committee at the district and commune levels, based on the emergency order of the competent authority:

a) Assigns specialized agencies at the district and commune levels to prepare the Investment Policy Proposal Report for the project;

b) Assigns specialized agencies managing investment or establishes an Appraisal Board to appraise the Investment Policy Proposal Report for the project, to report to the People's Committee at the same level to decide on the investment policy and supplement the necessary funds for implementation;

c) Decides on the investment policy for the urgent project, including objectives, scale, total investment amount, location, implementation schedule, capital structure; reports to the People's Council at the same level at the nearest session about the decision on the investment policy for urgent projects in Group B and key projects in Group C managed by the same level.

Article 16. Principles, Time for Decision on Investment Orientation and Implementation of Emergency Projects

1. The principle of deciding investment orientation for emergency projects shall be implemented in accordance with the provisions of Clause 1, Article 33 of the Law on Public Investment.

2. Procedures for deciding investment orientation for emergency projects:

a) For Class A projects, they shall be implemented in accordance with the provisions of Article 23 of the Law on Public Investment;

b) For Class B and Class C projects, they shall be implemented according to the simplified procedures prescribed in Articles 14 and 15 of this Decree to ensure rapid implementation and early completion for project utilization.

3. Specifically, for emergency projects, components of emergency projects that need immediate implementation to address natural disasters, storms, floods, dike collapses, embankment failures potentially causing dam, reservoir, or dike breaches, landslides blocking automobile and railway traffic, and urgent situations in national defense and security areas, may proceed upon receipt of an emergency order from the competent authority. Investment procedures stipulated in Clause 2 of this Article will be prepared and completed during the project implementation process. The inclusion of emergency projects in the medium-term public investment plan must meet the conditions set forth in the Law on Public Investment and the Government's Decree on the medium-term and annual public investment plans.

Article 17. Principles, Procedures, and Processes for Decision on Investment Orientation for Projects under Public-Private Partnership Form

1. The principle of deciding investment orientation for projects under the public-private partnership form shall be carried out in accordance with Clause 2, Article 33 of the Law on Public Investment.

2. The procedures and processes for deciding investment orientation for projects under the public-private partnership form using public investment capital shall be conducted in accordance with Articles 23, 24, 25, 26, 27, 29, 30, and 31 of the Law on Public Investment and Article 18 of this Decree.

3. The procedures and processes for deciding investment orientation for projects under the public-private partnership form not using public investment capital shall be carried out in accordance with laws on public-private partnerships.

Article 18. Principles, Procedures, and Processes for Decision on Investment Orientation for Projects Using State Development Credit Capital

1. The principle of deciding investment orientation for projects using state development credit capital shall be implemented in accordance with Clause 1, Article 32 of the Law on Public Investment.

2. The procedures and processes for deciding investment orientation for Class A projects shall be carried out in accordance with Point b, Clause 2, Article 32 of the Law on Public Investment.

3. The procedures and processes for deciding investment orientation for Class B and Class C projects managed and utilizing state development credit capital by Ministries, central agencies, Central Agencies of the Vietnam Fatherland Front, political-social organizations, other agencies and organizations, and provincial People's Committees shall be carried out in accordance with Points c, d, and đ, Clause 2, Article 32 of the Law on Public Investment.

4. For Class B and Class C projects using state development credit capital for business investment by Economic Groups, State-owned Corporations, enterprises, and other agencies, organizations, and individuals not falling within the scope defined in Clause 3 of this Article:

a) Economic Groups, State-owned Corporations, enterprises, and other agencies, organizations, and individuals shall decide on the investment orientation for projects in accordance with Clause 1, Article 32 of the Law on Public Investment;

b) Loan approval procedures and processes: - Economic Groups, State-owned Corporations, enterprises, agencies, organizations, and individuals propose a list of investment projects and prepare loan application documents for state development credit capital to be submitted to the Vietnam Development Bank (for funds managed by the Vietnam Development Bank) and the Social Policy Bank (for funds managed by the Social Policy Bank); - The Vietnam Development Bank and the Social Policy Bank shall review the loan application documents and approve loans for state development credit capital for Economic Groups, State-owned Corporations, enterprises, agencies, organizations, and individuals. Specific regulations regarding loan application documents, loan procedures, review processes, and content for projects using borrowed funds shall be implemented in accordance with Clause 1, Article 32 and Clause 1, Article 69 of the Law on Public Investment and relevant laws governing the management of state development credit capital and social policy credit.

Article 19. Contents of the Preliminary Feasibility Study Report and the Proposal Report for Investment Policy of Programs and Projects

1. Contents of the Proposal Report for Investment Policy of Public Investment Programs as stipulated in Article 34 of the Law on Public Investment.

2. Contents of the Preliminary Feasibility Study Report for Class A Projects as stipulated in Article 35 of the Law on Public Investment.

3. Contents of the Proposal Report for Investment Policy of Class B and Class C Projects as stipulated in Article 36 of the Law on Public Investment.

4. Contents of the Proposal Report for Investment Policy of Urgent Class B and Class C Projects as stipulated in Article 36 of the Law on Public Investment, focusing on the following main contents:

a) The nature and level of urgency of the project;

b) Scale, location, and scope of investment of the project;

c) Preliminary total investment amount and capital structure of the project, including: central government budget funds, including the amount needed to be allocated in the annual plan; local government budget funds; other lawful sources of funds; community contributions (if any);

d) Expected progress schedule and quality of the project;

đ) Preliminary determination of operating and maintenance costs during the project operation phase;

e) Payment principles and compensation for land clearance according to laws on emergency situations and emergency scenarios;

g) Implementation organization solutions.

5. Contents of the Proposal Report for Investment Policy of Small-Scale Class C Projects under National Target Programs, including:

a) Project list;

b) Necessity of investment, conditions for implementation, and assessment of suitability with national target programs;

c) Preliminary total investment amount and capital structure of the entire project list, including: central government budget funds, local government budget funds, other lawful sources of funds, community contributions (if any);

d) Expected progress schedule for implementing projects;

đ) Implementation organization solutions.

6. Contents of the Proposal Report for Investment Policy of Class B and Class C Projects implemented under Public-Private Partnership (PPP) form as stipulated in Article 36 of the Law on Public Investment and regulations on PPP investment.

Article 20. Documents for Reviewing the Preliminary Feasibility Study Report and the Proposal Report for Investment Policy of Programs and Projects

1. Documents for reviewing the Preliminary Feasibility Study Report and the Proposal Report for Investment Policy of Programs and Projects include:

a) Request for approval from the competent authority to decide on the investment policy of programs and projects;

b) Preliminary Feasibility Study Report for Class A Projects; Proposal Report for Investment Policy of National Target Programs, Target Programs, Class B and Class C Projects as stipulated in Article 19 of this Decree;

c) Internal review report;

d) Capital source review report and capital balancing capability report of the competent authority;

đ) Emergency decree of the competent authority (applicable to urgent projects);

e) Other related documents as required by the competent authority deciding on the investment policy.

2. Number of review documents to be submitted to the Standing Committee of the Review Board or the leading review agency as stipulated in Clause 1 of this Article shall comply with the following provisions:

a) Proposal Report for Investment Policy of Programs: 20 sets of documents;

b) Preliminary Feasibility Study Report for Class A Projects: 15 sets of documents;

c) Proposal Report for Investment Policy of Class B and Class C Projects: 05 sets of documents. The leading review agency or the Standing Committee of the Review Board for Preliminary Feasibility Study Reports and Proposal Reports for Investment Policy may request the program sponsor and the project management agency to supplement the number of review documents if deemed necessary.

Article 21. Documents for assessing the sources of funding and the ability to balance funds for programs and projects

1. The documents for assessing the sources of funding and the ability to balance funds for public investment programs and projects include:

a) A proposal requesting the assessment of the sources of funding and the ability to balance funds submitted to the agency responsible for assessing the sources of funding and the ability to balance funds;

b) The preliminary feasibility study report for Group A projects, the proposal for the investment policy of national target programs, target programs, Group B and Group C projects in accordance with the Public Investment Law and Clause 1 of Article 19 of this Decree;

c) Internal review report;

d) The opinions of the People's Council or the Standing Committee of the People's Council at the provincial level regarding Group A projects; Group B projects and key Group C projects using central government budget funds, national treasury bonds, and government bonds managed by localities;

e) Other related documents (if any).

2. The number of documents sent to the leading agency for assessing the sources of funding and the ability to balance funds as stipulated in Clause 1 of this Article is five sets of documents. The leading agency for assessing the sources of funding and the ability to balance funds as stipulated in Article 38 of the Public Investment Law may request the program sponsor and the project management agency to supplement the number of documents if necessary.

Article 22. Documents for submitting to the competent authority to decide on the investment policy for programs and projects

1. The documents for submitting to the competent authority to decide on the investment policy for programs and projects include:

a) The documents prescribed in Clause 1 of Article 20 of this Decree; wherein the contents in the Proposal and the Preliminary Feasibility Study Report, the Proposal for the Investment Policy prescribed in Points a and b of Clause 1 of Article 20 of this Decree have been completed according to the Assessment Report of the Appraisal Council or the appraisal agency;

b) The Assessment Report of the Appraisal Council or the appraisal agency on the investment policy for programs and projects;

c) The Assessment Report on the sources of funding and the ability to balance funds for programs and projects by the agency responsible for assessing the sources of funding and the ability to balance funds.

2. The number of documents for submitting to the competent authority to decide on the investment policy for programs and projects as stipulated in Clause 1 of this Article is five sets of documents. The competent authority deciding on the investment policy for programs and projects may request the program sponsor and the project management agency to supplement the number of documents if necessary.

Article 23. Contents of the assessment of the investment policy for public investment programs

1. Compliance with the criteria for determining national target programs and target programs.

2. Compliance with legal regulations within the content of the documents submitted for assessment.

3. Compliance with strategic goals; plans and master plans for socio-economic development in regions and territories; sectoral and field-specific development master plans.

4. The contents prescribed in Article 34 of the Public Investment Law, including the specific assessment of basic parameters of the program such as objectives, scope, target groups, time frame, implementation schedule; sources of funding and the ability to balance funds; mobilization of other sources of funding.

5. Economic and social effectiveness, environmental protection, and sustainable development.

Article 24. Contents of the assessment of the investment policy for public investment projects

1. The necessity of investing in the project.

2. Compliance with legal regulations within the content of the documents submitted for assessment.

3. Compliance with strategic goals; plans and master plans for socio-economic development in regions and territories; sectoral and field-specific development master plans.

4. Compliance with the criteria for classifying Group A, Group B, and Group C projects.

5. The contents prescribed in Articles 35 and 36 of the Public Investment Law, including the specific assessment of basic parameters of the project such as objectives, scale, investment form, scope, location, land area required, time frame, implementation schedule, main technology selection plan, environmental protection solutions, sources of funding and the ability to balance funds; the ability to recover capital and repay debt in cases where borrowed funds are used.

6. Economic and social effectiveness, environmental protection, and sustainable development.

7. For urgent projects, additional assessment of the urgency requiring immediate implementation of the project or its components.

8. For projects invested in under the public-private partnership model, in addition to the assessment contents prescribed in Clauses 1, 2, 3, 4, 5, and 6 of this Article, supplementary assessment of the contents prescribed by laws on public-private partnerships.

Article 25. Content of the examination of sources of capital and the ability to balance capital for programs and projects

1. Compliance with procedures, internal examination, and completion of program and project files.

2. The appropriateness of programs and projects with investment capital sources; the appropriateness regarding the purpose and target of investment using the planned capital.

3. The ability to allocate capital for programs and projects within the total medium-term investment plan capital of each sector, field, program, central ministries and localities according to the priority order specified in the Public Investment Law and related laws. The ability to balance state budget capital, including the division of the central and local budgets, national treasury bonds, government bonds, retained revenues for investment but not included in the state budget balance, ODA capital, and preferential loans from foreign sponsors, state development credit capital, and other lawful sources of capital. The consideration of the ability to balance capital is based on the projected capital needs of public investment programs and projects within the total investment capital according to each source of capital in the medium-term and annual plans. For state budget capital, the ability to balance capital at each level of budget, supplementary targeted capital from upper-level budgets to lower-level budgets, including national target program capital, target program capital, and other supplements must be considered.

4. The amount of planned capital allocation for projects according to each source of capital and the specific timeline for capital allocation.

5. Other opinions (if any).

Article 26. Time for examining the investment policy proposal for programs and projects and the agency sending the examination results

1. The time for examining the Preliminary Feasibility Study Report for Group A projects, the Proposal Report for Investment Policy for Group B and Group C programs and projects, starting from the date when the Standing Examination Council or the main examination agency receives complete valid files as follows:

a) National Target Programs: not exceeding 60 days;

b) Target Programs: not exceeding 45 days;

c) Group A projects: not exceeding 45 days;

d) Group B projects: not exceeding 30 days;

đ) Group C projects: not exceeding 20 days.

2. The time for examining sources of capital and the ability to balance investment capital for programs and projects starting from the date when the examination agency receives complete valid files as follows:

a) National Target Programs, Target Programs: not exceeding 40 days;

b) Group A projects: not exceeding 30 days;

c) Group B and Group C projects: not exceeding 15 days.

3. The time for examining the investment policy proposal and examining sources of capital and the ability to balance investment capital under Clause 1 and Clause 2 of this Article only applies to the examination stage to submit to the competent authority for deciding the investment policy proposal for public investment programs and projects. The internal examination time at central ministries and local agencies shall be specifically regulated by the heads of central ministries and the Chairmen of Provincial People's Committees.

4. In cases where it is necessary to extend the examination time for the investment policy proposal, examination of sources of capital, and the ability to balance investment capital, the main examination agency or the Standing Examination Council must:

a) Report

b) Notify the competent authority for deciding the investment policy proposal about extending the examination time for the Proposal Report for Investment Policy for Group B and Group C projects;

c) The extended time shall not exceed the corresponding examination time stipulated in Clause 1 and Clause 2 of this Article.

5. The main examination agency for sources of capital and the ability to balance investment capital shall send the Capital Source Examination Report and the Ability to Balance Capital Report as follows:

a) For public investment programs established by the competent authority to form an Examination Council for the Proposal Report for Investment Policy: send to the Examination Council for the Proposal Report for Investment Policy;

b) For Group A projects implemented in accordance with Clause 4 of Article 23 of the Public Investment Law;

c) For Group B and Group C projects: send to the agency submitting for examination, the project management agency, the agency examining the investment policy proposal for the project, and the agency with the authority to decide the investment policy proposal.

6. The Examination Council or the main examination agency for the Preliminary Feasibility Study Report for Group A projects, the Proposal Report for Investment Policy for Group B and Group C programs and projects shall send the examination report as follows:

a) For public investment programs: send to the program leader and the agency with the authority to decide the investment policy proposal;

b) For Group A projects implemented in accordance with Clause 5 of Article 23 of the Public Investment Law, also send to the Government Office for reporting;

c) For Group B and Group C projects: send to the agency submitting for examination, the project management agency, and the agency with the authority to decide the investment policy proposal.

Article 27. Time for deciding the investment policy direction of programs and projects and time for sending the investment policy decision to the agency responsible for compiling the public investment plan

1. The time for deciding the investment policy direction of programs and projects from the date the competent authority receives complete and valid files shall be as follows:

a) Target programs: Not exceeding 30 days;

b) Group A projects: Not exceeding 30 days;

c) Group B and Group C projects: Not exceeding 20 days.

2. Within 15 working days from the date the competent authority decides the investment policy direction of programs and projects, central ministries and agencies and localities managing such programs and projects:

a) Send to the Ministry of Planning and Investment and the Ministry of Finance: decisions on the investment policy direction of programs and projects using central government budget funds; national treasury bonds; government bonds; ODA and preferential loans from foreign donors; state development credit funds; funds from retained revenues not yet included in the state budget balance of central ministries and agencies;

b) Send to the Department of Planning and Investment, the Department of Finance, and specialized agencies managing investment at the district and commune levels: decisions on the investment policy direction of programs and projects using local government budget funds, local government bond funds, and investment funds from retained revenues for investment but not yet included in the local government budget balance.

Chapter III

PREPARATION, REVIEW, AND DECISION ON INVESTMENT OF PUBLIC INVESTMENT PROGRAMS AND PROJECTS

Article 28. Authority, basis for preparation, review, and decision on investment of programs and projects

1. The authority to decide on investment of programs and projects shall be implemented according to the provisions of Article 39 of the Public Investment Law.

2. The basis for preparation, review, and decision on investment of programs and projects shall be carried out according to the provisions of Article 40 of the Public Investment Law.

Article 29. Procedure for preparation, review, and decision on investment of public investment programs

1. The procedure for preparation, review, and decision on target national programs shall be implemented according to the provisions of Article 41 of the Public Investment Law.

2. The procedure for preparation, review, and decision on investment of public investment programs decided on the investment policy direction by the Government shall be carried out according to the provisions of Article 42 of the Public Investment Law.

3. The procedure for preparation, review, and decision on investment of public investment programs decided on the investment policy direction by the People's Councils shall be carried out according to the provisions of Article 43 of the Public Investment Law:

a) For programs using entirely local government budget funds at the provincial level, state development credit funds, local government bond funds, funds from retained revenues for investment but not yet included in the local government budget balance at the provincial level, and other loans from the local government budget, the Chairman of the Provincial People's Committee shall establish a Review Board with the Department of Planning and Investment serving as the Standing Board to review the Feasibility Study Report of the program;

b) For programs using entirely local government budget funds at the district and commune levels, funds from retained revenues for investment but not yet included in the local government budget balance at the district and commune levels, the Chairman of the District and Commune People's Committees shall establish a Review Board to review the Feasibility Study Report of the program;

c) Based on the review report of the Review Board, the program sponsor shall perfect the Feasibility Study Report and draft the Investment Decision for submission to the respective Chairmen of the People's Committees mentioned in Points a and b of this Article for consideration and decision.

Article 30. Procedures for establishing, reviewing, and deciding on investment projects without construction components

1. Procedures and contents for deciding on investment projects managed by central ministries and agencies:

a) The head of a central ministry or agency shall instruct the investor to base on the investment orientation already decided by the competent authority to prepare a Feasibility Study Report of the project; establish a Review Board or entrust the specialized management agency to review the Feasibility Study Report of the project;

b) The investor shall complete the Feasibility Study Report based on the review opinions at Point a of this Clause and submit it to the head of the central ministry or agency or the head of the directly subordinate agency authorized to decide on investment projects of Group B and Group C as stipulated in Point c of Clause 2, Article 39 of the Public Investment Law for investment decision;

c) The competent authority deciding on investment projects shall include the main contents: name of the project; investor; consulting organization preparing the project (if any); objectives, scale of investment, implementation schedule of the project; location; technical design (if any); technical standards; total investment amount; sources of capital and planned allocation of capital according to the schedule; form of project management organization applied;...

2. Procedures and contents for deciding on investment projects managed by provincial level:

a) The Chairman of the People's Committee of the province shall instruct the investor to base on the investment orientation already decided by the competent authority to prepare a Feasibility Study Report of the project and submit it to the People's Committee of the province or the directly subordinate agency authorized to decide on investment according to Point c of Clause 3, Article 39 of the Public Investment Law;

b) The Chairman of the People's Committee of the province shall establish a Review Board chaired by a Vice-Chairman of the People's Committee of the province, with the Department of Planning and Investment as the Standing Body of the Review Board to review the Feasibility Study Report of Group A projects managed by localities; entrust the Department of Planning and Investment to lead and coordinate with relevant agencies to review the Feasibility Study Report of Group B and Group C projects;

c) The investor shall complete the Feasibility Study Report based on the review opinions at Point b of this Clause and submit it to the Department of Planning and Investment for consolidation and submission to the Chairman of the People's Committee of the province or the directly subordinate agency authorized to decide on investment of Group B and Group C projects according to Point c of Clause 3, Article 39 of the Public Investment Law for investment decision;

d) The competent authority deciding on investment projects shall include the main contents: name of the project; investor; consulting organization preparing the project (if any); objectives, scale of investment, implementation schedule of the project; location; technical design (if any); technical standards; total investment amount; sources of capital and planned allocation of capital according to the schedule; form of project management organization applied;...

3. Procedures and contents for deciding on investment projects managed by district and commune levels:

a) The Chairman of the People's Committee of the district or commune shall instruct the investor to base on the investment orientation already decided by the competent authority to prepare a Feasibility Study Report of the project; entrust the specialized management agency or establish a Review Board to review the Feasibility Study Report of the project;

b) The investor shall complete the Feasibility Study Report based on the review opinions at Point a of this Clause and submit it to the Chairman of the People's Committee of the district or commune or the directly subordinate agency authorized to decide on investment according to Point c of Clause 4, Article 39 of the Public Investment Law for investment decision;

c) The competent authority deciding on investment projects shall include the main contents: name of the project; investor; consulting organization preparing the project (if any); objectives, scale of investment, implementation schedule of the project; location; technical design (if any); technical standards; total investment amount; sources of capital and planned allocation of capital according to the schedule; form of project management organization applied;...

Article 31. Procedures for preparation, examination, and decision-making on investment projects with construction components

1. The procedures for preparing and examining investment projects with construction components shall be carried out in accordance with the laws on construction and the Law on Public Investment.

2. For projects under provincial management:

a) The leading examination agency shall send the project investor a report on examination in accordance with Clause 1 of this Article, and simultaneously send it to the Provincial Department of Planning and Investment.

b) The Provincial Department of Planning and Investment shall take the lead and coordinate with relevant agencies to examine other contents of the Feasibility Study Report of the project (if any); examine the entire repair, renovation, maintenance, and upgrade projects using public investment funds (excluding those funded by state budget funds) with a total investment amount below five billion dong under provincial management; compile the examination results and send them to the project investor.

c) The project investor shall complete the Feasibility Study Report based on the opinions of the examinations at Point a and Point b of this Clause and submit it to the Provincial Department of Planning and Investment. The Provincial Department of Planning and Investment shall review its consistency with the approved investment policy by the competent authority and the ability to balance various sources of funding, compile and submit it to the Chairman of the Provincial People's Committee for consideration and decision on investment, or send it to subordinate agencies authorized according to Point c of Clause 3 of Article 39 of the Law on Public Investment for decision on investment.

3. For projects under district or commune management:

a) The leading examination agency shall send the project investor a report on examination in accordance with Clause 1 of this Article, and simultaneously send it to the specialized management agency for investment at the district or commune level.

b) The specialized management agency for investment at the district or commune level shall take the lead and coordinate with relevant agencies to examine other contents of the Feasibility Study Report of the project (if any); examine the entire repair, renovation, maintenance, and upgrade projects using public investment funds (excluding those funded by state budget funds) with a total investment amount below five billion dong under district or commune management; compile the examination results and send them to the project investor.

c) The project investor shall complete the Feasibility Study Report based on the opinions of the examinations at Point a and Point b of this Clause and submit it to the specialized management agency for investment for submission to the Chairman of the District or Commune People's Committee for consideration and decision on investment, or send it to subordinate agencies authorized by the District People's Committee for decision on investment.

4. The heads of central ministries and agencies and the Chairmen of People's Committees at all levels, or subordinate agencies authorized to decide on investment projects, shall include the main contents prescribed by the laws on construction.

Article 32. Procedures for preparation, examination, and decision-making on urgent investment projects

The heads of central ministries and agencies and the Chairmen of People's Committees at all levels authorized to decide on investment projects according to Article 39 of the Law on Public Investment shall decide the procedures for preparation, examination, and decision-making on urgent investment projects managed by central ministries and agencies and localities; organize the examination and approval of projects, designs, and budgets in compliance with the laws on public investment, laws on construction, and other related laws.

Article 33. Procedures for preparation, examination, and decision-making on investment projects under the public-private partnership model

The procedures and contents for preparation, examination, and decision-making on investment projects under the public-private partnership model shall be implemented in accordance with the Law on Public Investment, laws on construction, Article 30 and Article 31 of this Decree, and the Government Decree on investment under the public-private partnership model.

Article 34. Procedures, contents for establishing, reviewing, and deciding on investment adjustments to programs and projects

1. The competent authority deciding on investment adjustments to programs and projects shall implement according to the provisions set out in Clauses 1, 2, and 3 of Article 46 of the Public Investment Law.

2. The program owner and project investor:

a) Organize a comprehensive assessment of the implementation situation of the public investment program and project up to the time of proposing adjustment; report the results of assessing the public investment program and project to the competent authority deciding on investment;

b) Entrust specialized agencies to prepare the Report proposing adjustment to the public investment program and project. The adjusted program and project report must clearly state the reasons for adjustment; analyze the economic and social effectiveness and financial effectiveness (if applicable) brought about by the adjustment of the public investment program and project;

c) Organize internal review of the adjustment to the public investment program and project, including reviewing the sources of funds and the ability to balance funds in cases where the scale adjustment increases the total investment amount;

d) Within fifteen working days from the date of receiving the review opinion as stipulated in Point c Clause of this Article, complete the Report proposing adjustment to the public investment program and project to be submitted to the competent authority deciding on the adjustment of the public investment program and project. In particular, in cases where the adjustment of the program and project involves an adjustment to the total investment amount: - The National Target Program manager, the target program manager, and the head of central ministries and sectors and the Chairman of the People's Committee of the province managing projects using central government budget funds, national treasury bonds, government bonds, official development assistance (ODA), and preferential loans from foreign donors, and funds from retained revenue but not yet included in the state budget of central ministries and sectors shall submit the Report proposing adjustment to the Ministry of Planning and Investment and the Ministry of Finance for review of funding sources and the ability to balance funds; - The target program manager and the project investor using local government budget funds and other loans from the local government budget for investment shall submit the Report proposing adjustment to the competent authority for review of funding sources and the ability to balance funds;

đ) Within fifteen working days from the date of receiving the review report as stipulated in Point d Clause of this Article, complete the Report proposing adjustment to the public investment program and project according to the review opinion and submit it to the competent authority deciding on the adjustment of the program and project;

3. The competent authority deciding on the adjustment of the program and project shall approve the decision on investment adjustment according to the contents prescribed in Clause 4 of this Article and the time limit prescribed in Clause 1 of Article 44 of this Decree.

4. The content of the decision adjusting the public investment program and project includes corresponding adjustments to the contents of the decision on the public investment program and project as prescribed in the Public Investment Law and this Decree.

Article 35. Documentation for Reviewing Public Investment Programs

1. Documentation for reviewing programs:

a) The application for reviewing the program, including: the necessity of investing in the program; objectives and main contents of the feasibility study report of the program; recommendations to the competent authority deciding on the public investment program;

b) The feasibility study report of the program as prescribed in Clause 1 of Article 47 of the Public Investment Law;

c) Other relevant documents serving the review of public investment programs and projects.

2. The number of sets of documentation for reviewing public investment programs sent to the leading agency for review or the Standing Committee of the Review Board is twenty sets of documents. The leading agency for review or the Standing Committee of the Review Board may request the program owner to supplement the number of sets of review documentation if deemed necessary.

Article 36. Documents for Reviewing Public Investment Projects

1. Documents for reviewing public investment projects without construction components:

a) The application for project review, including: the necessity of the project; objectives and main contents of the feasibility study report of the project; recommendations to the competent authority deciding on public investment projects;

b) The feasibility study report of the project as prescribed in Clause 2, Article 47 of the Public Investment Law;

c) The report of the Vietnam Fatherland Front at all levels summarizing the opinions of the community where the project is implemented as prescribed in Clause 2, Article 82 of the Public Investment Law;

d) Other relevant documents serving the review of public investment programs and projects.

2. Documents for reviewing public investment projects with construction components as prescribed by laws on construction, the opinions of the community as stipulated in Point c, Clause 1 of this Article, and other relevant laws.

3. Number of review documents submitted to the leading agency for review or the Standing Committee of the Review Board:

a) For projects without construction component group A, 15 sets of documents;

b) For projects without construction component groups B and C, 10 sets of documents;

c) For projects with construction components as prescribed by laws on construction. The leading agency for review may request the project management agency to supplement the number of documents if necessary.

Article 37. Documents for Submitting to Competent Authorities for Decision on Investment Programs and Projects

1. Documents for submitting to competent authorities for decision on investment programs and projects:

a) The application for investment decision on programs and projects and the completed feasibility study report according to the review opinion;

b) The resolution on investment policy of programs and projects by the competent authority;

c) Report on reviewing capital sources and capital balancing capacity;

d) Report on reviewing the feasibility study report;

đ) Other related documents.

2. Number of documents for submitting to competent authorities for decision on programs and projects as prescribed in Clause 1 of this Article:

a) For programs, 3 sets of documents;

b) For projects in group A, 3 sets of documents;

c) For projects in groups B and C, 2 sets of documents. The competent authority deciding on investment in programs and projects may request the agency submitting the investment decision documents for programs and projects to supplement the number of documents if necessary.

Article 38. Documents for Reviewing Capital Sources and Capital Balancing Capacity for Adjusted Programs and Projects

1. Documents for submitting to the competent authority for reviewing capital sources and capital balancing capacity for adjusted programs and projects include:

a) The application requesting review of increased total investment amount of capital sources and capital balancing capacity adjustment of programs and projects sent to the competent authority;

b) The initial investment decision of programs and projects and previous investment adjustment decisions of programs and projects (if any);

c) The report on reviewing capital sources and capital balancing capacity of programs and projects to submit to the competent authority for decision on initial investment policy and previous adjustment decisions;

d) Internal report on adjusting the investment decision of programs and projects;

đ) Other related documents as required by the reviewing agency (if any).

2. Number of documents submitted to the leading agency for reviewing capital sources and capital balancing capacity as prescribed in Clause 2, Article 21 of this Decree. The leading agency for reviewing capital sources and capital balancing capacity of programs and projects may request the program sponsor and the project management agency to supplement the number of documents if necessary.

Article 39. Documents to be submitted for the competent authority to decide on investment adjustment of programs and projects

1. The documents to be submitted for the competent authority to decide on investment adjustment of programs and projects include:

a) A proposal from the competent authority to decide on investment adjustment of programs and projects, clarifying the objectives and reasons for adjustment as prescribed in Clause 1, Article 46 of the Law on Public Investment;

b) The resolution on investment policy of programs and projects by the competent authority;

c) The decision on investment of the program or project made by the competent authority at the first time and any previous decisions on investment adjustment made by the competent authority (if any);

d) A report on the assessment of funding sources and the ability to balance funds for the program or project according to the adjusted total investment amount;

đ) An internal report proposing the adjustment of the program or project and other reports on assessment as prescribed by law (if any);

e) A report on checking and evaluating the implementation of the program or project as prescribed in Clause 3, Article 46 of the Law on Public Investment;

g) Other related documents.

2. The number of documents to be submitted for the competent authority to decide on investment adjustment of programs and projects shall be in accordance with Clause 2, Article 37 of this Decree. The competent authority deciding on investment of the program or project may request the submitting agency to supplement the number of documents if deemed necessary.

Article 40. Contents of Assessment of Programs and Projects

1. The contents of assessment of national target programs and target programs include:

a) Compliance with legal provisions in the content of the documents submitted for assessment;

b) Consistency of the program with the investment policy of the program already approved by the competent authority;

c) The content of the feasibility study report of the program as prescribed in Clause 1, Article 47 of the Law on Public Investment;

d) Consistency with the assessed funding sources and the ability to balance funds; consistency between the total investment capital of the program and the medium-term and annual public investment plans; structure of central government budget, local government budget, and other lawful funding sources; ability to recover capital and repay debt in case of borrowing;

2. The contents of assessment of public investment projects without construction components include:

a) Compliance with legal provisions in the content of the documents submitted for assessment;

b) Consistency of the project with the investment policy of the project already approved by the competent authority;

c) The content of the feasibility study report of the project as prescribed in Clause 2, Article 47 of the Law on Public Investment;

d) Consistency with the report on assessment of funding sources and the ability to balance funds; consistency between the total investment amount of the project and the balance of funds in the medium-term and annual public investment plans; structure of investment funding, ability to balance public investment funding, and mobilization of other funding sources and resources to implement the project; evaluation of operating costs, maintenance, repair, and major repairs during the operation of the project;

đ) The ripple effects of the project on the development of industries, sectors, regions, and localities; on increasing state revenue, employment, income, and people's livelihoods; impacts on the environment and sustainable development;

3. The contents of assessment of public investment projects with construction components shall be in accordance with Clause 2 of this Article and laws on construction;

4. During the assessment process of public investment programs and projects with the contents prescribed in Clauses 1, 2, and 3 of this Article, it is necessary to review and compare with the provisions in the investment policy decision already approved by the competent authority. Indicators such as the scale and total investment amount of the project, including the capital structure, must not exceed the levels specified in the investment policy decision. In cases where it is really necessary to increase the scale, thereby increasing the total investment amount of the program or project beyond the provisions in the investment policy decision, a report must be submitted to the authority that decided on the investment policy for comments and a reassessment of funding sources and the ability to balance funds must be conducted. If the scale is increased but does not lead to an increase in the total investment amount and still ensures the project's objectives as stated in the investment policy decision, there is no need for a reassessment of funding sources and the ability to balance funds.

Article 41. Contents of the review of investment programs and projects adjustment

1. The contents of assessment of national target programs and target programs include:

a) The contents prescribed in Clause 1, Article 40 of this Decree;

b) Compliance with the provisions of laws on program adjustment as stipulated in Clause 1 and Clause 3, Article 46 of the Public Investment Law and this Decree.

2. Contents of the review of public investment projects include:

a) As prescribed in Clause 2 and Clause 3, Article 40 of this Decree;

b) Compliance with the provisions of laws on project adjustment as stipulated in Clause 2 and Clause 3, Article 46 of the Public Investment Law, construction laws, and this Decree.

Article 42. Contents of the review of sources of funds and ability to balance funds for adjusted programs and projects

1. Compliance with procedures and internal reviews regarding the increase in total investment amount, completion of documentation.

2. The review of sources of funds and ability to balance funds for the increased total investment amount of the project must comply with the provisions of the Public Investment Law and the ability to balance public investment capital over the medium term of five years. The review report must clearly state:

a) The appropriateness of the project in terms of purpose and target objects within the industry, sector, or program funded by the proposed source of funds.

b) The ability to allocate funds for the adjustment of the increased total investment amount of the project within the total planned investment capital for each industry, sector, or program of central ministries and localities as prescribed by law.

3. The level of funding allocated for the project from the proposed reviewed source of funds and the specific time for allocation of funds.

Article 43. Time for Reviewing Programs and Projects

1. The time for reviewing investment programs and projects without construction components, from the date the reviewing agency receives complete valid documents, shall be as follows:

a) National Target Programs: Not exceeding 40 days;

b) Target Programs: Not exceeding 30 days;

c) Group A Projects: Not exceeding 40 days;

d) Group B Projects: Not exceeding 30 days;

e) Group C Projects: Not exceeding 20 days.

2. The time for reviewing public investment projects with construction components shall be carried out in accordance with the construction laws.

3. The time for review specified in Clause 1 of this Article only applies to the review stage for submitting to the competent authority for approval of the investment decision for public investment programs and projects. The time for internal review at central ministries and localities shall be specifically regulated by the Heads of central ministries and provincial People's Committees.

4. In cases where it is necessary to extend the review time for programs and projects:

a) The Ministry of Planning and Investment must report;

b) The Department of Planning and Investment, the Standing Committee of the Review Board must report to the Chairman of the People's Committee at the same level for permission to extend the review time for investment programs using all balanced local budget funds, local government bond funds, retained revenue for investment but not included in the local budget balance, and other local budget loans for investment and public investment projects managed by localities;

c) The leading reviewing agency or the Standing Committee of the Public Investment Project Review Board must notify the investment decision-making agency of the extended review time;

d) The extended review time specified in Points a, b, and c of this Clause shall not exceed the corresponding review time prescribed in Clauses 1, 2, and 3 of this Article.

Article 44. Time for investment decision and adjustment decision on programs and projects and time for sending investment decisions and adjustment decisions on programs and projects to agencies responsible for compiling medium-term and annual public investment plans

1. The time for making investment decisions and adjustment decisions on public investment programs and projects shall be counted from the date when the competent authority makes the investment decision on the program or project, provided that the competent authority has received all valid documents within the following number of days:

a) National Target Programs: not exceeding 30 days;

b) Target Programs: not exceeding 20 days;

c) Group A Projects: not exceeding 20 days;

d) Group B and Group C Projects: not exceeding 15 days.

2. Within 15 working days from the date the competent authority makes the investment decision or the adjustment decision on the program or project, the ministries, central sector agencies, and localities managing the program or project shall send:

a) The Government Office, the Ministry of Planning and Investment, and the Ministry of Finance: investment decisions and adjustment decisions on programs and projects using central government budget funds; national treasury bonds; government bonds; ODA and preferential loans from foreign sponsors; state credit investment development funds; investment funds from retained revenue but not yet included in the state budget balance of ministries and central sector agencies;

b) Provincial Departments of Planning and Investment, Provincial Departments of Finance, specialized agencies managing investment at the district and commune levels: investment decisions and adjustment decisions on programs and projects using local government budget funds, local government bond funds, and investment funds from retained revenue but not yet included in the local government budget balance.

Chapter IV

MANAGEMENT OF PUBLIC INVESTMENT PROJECTS WITHOUT CONSTRUCTION COMPONENTS

Article 45. Organization of Project Management

1. The investment decision-maker decides on the form of project management organization suitable with the management requirements and specific conditions of the project, ensuring the achievement of the approved investment objectives and project effectiveness.

2. For projects using ODA funds or preferential loans from foreign sponsors, the form of project management organization shall comply with the provisions of international treaties on ODA or agreements with sponsors. In cases where the international treaty on ODA or agreement with the sponsor does not provide specific provisions, the project management organization shall be carried out in accordance with the provisions of Clause 1 of this Article.

3. For projects implemented under the Public-Private Partnership (PPP) model, the organization of project management shall comply with the laws on PPP investment and related laws.

4. For emergency projects:

a) The competent authority deciding on investment in projects as stipulated in Article 39 of the Law on Public Investment shall decide on the organization of management for emergency projects; organize construction supervision and acceptance handover of completed projects in compliance with the laws on public investment, construction laws, and other relevant laws;

b) The competent authority deciding on investment in projects under emergency orders as stipulated in Point a of this Clause may delegate the investor to make decisions and bear responsibility for organizing the implementation of the project from the project preparation stage, surveying, design, construction, to the completion and operation phase, and bear responsibility for such delegation.

Article 46. Project Design

1. Project design may consist of one or more different stages, decided by the competent authority for investment decision-making based on the type of project and its implementation form. Specifically:

a) Preliminary design scheme to prepare feasibility study reports for Group A projects, investment proposal reports for Group B and Group C projects;

b) Design at the investment decision stage and project implementation: - For small-scale Group C projects with total investment under 15 billion VND, apply a single-step design which is construction drawing design (if applicable); - For Group B and Group C projects with total investment from 15 billion VND or more, apply a two-step design including basic design and construction drawing design (if applicable); - For Group A projects, apply a three-step design including basic design, technical design, and construction drawing design (if applicable); - Other design steps according to international practices (if applicable).

2. The contents of the preliminary design scheme and design steps during the investment decision stage and project implementation as stipulated in Clause 1 of this Article shall be carried out in accordance with laws on project management, except for construction design contents.

3. For projects using ODA funds or preferential loans from foreign sponsors, the number of design steps shall be applied in accordance with the provisions of international agreements on ODA or agreements with sponsors. In cases where international agreements on ODA or agreements with sponsors do not have specific provisions, the number of design steps shall be implemented in accordance with the provisions of Clause 1 and Clause 2 of this Article.

4. Projects applying design from two steps or more as stipulated in Point b Clause 1 of this Article must ensure that subsequent design steps are consistent with the main contents and parameters of the previous design steps.

Article 47. Contents and Determination of Total Investment Amount of the Project

1. The preliminary total investment amount of the project is an estimated investment cost of the project determined in accordance with the preliminary design scheme and other contents of the feasibility study report for Group A projects, investment proposal report for Group B and Group C projects. The preliminary total investment amount of the project is calculated based on the scale, capacity, or service capability of the project and the unit investment cost or cost data of similar projects in terms of type, scale, and nature that have been or are being implemented, adjusted, and supplemented with necessary costs.

2. The total investment amount of the project is the entire investment cost of the project determined more specifically in accordance with the basic design or one-step design as stipulated in Point b Clause 1 of Article 46 of this Decree and other contents of the feasibility study report. The contents of the total investment amount of the project include: asset procurement costs, house and land costs,...; raw material, spare parts, machine components, equipment costs; labor and wage costs; consulting costs; contingency costs for additional work volume and inflation; management costs and other costs.

3. Contents of the costs of the total investment amount:

a) Asset procurement costs, house and land costs,...;

b) Raw material, spare parts, machine component costs,... for implementing projects such as: integrated equipment manufacturing projects, shipbuilding projects,...;

c) Equipment costs include procurement costs for equipment and technology, training and technology transfer costs (if applicable), installation, testing, calibration costs,...;

d) Labor and wage costs for implementing the project;

đ) Depreciation costs for assets, machines, equipment,...;

e) Transportation, insurance costs; taxes and related fees, costs;

g) Consulting costs include surveying consulting costs, feasibility study report preparation costs, investment proposal report preparation costs, feasibility study report preparation costs, design costs, project supervision consulting costs, and other related consulting costs (if applicable);

h) Contingency costs include costs for additional work volume and inflation factor costs during the project implementation period;

i) Management costs and other costs.

4. Methods for determining certain specific costs in the total investment amount of the project are as follows:

a) Asset procurement costs, house and land costs are determined based on the area, capacity, or service capability according to the basic design and are consistent with the time of preparing the total investment amount and the project investment location;

b) Raw material, spare part, machine component costs (if applicable) for implementing integrated equipment manufacturing projects, shipbuilding projects,... are calculated based on quantity, quality according to technical requirements and market prices;

c) Equipment costs are determined based on the quantity, type, or system of equipment according to the selected technological and technical solutions and equipment, market prices, and other related costs;

d) Labor and wage costs are based on the standards, wages, and labor costs of workers as prescribed by law;

đ) Depreciation costs for assets, machines, and equipment are based on the prescribed regulations; in cases of outsourcing, they are based on the rental prices of assets, machines, and equipment according to market prices;

e) Transportation, insurance costs; taxes and related fees, costs are calculated according to legal provisions and transportation rates;

g) Consulting costs are determined based on the consulting work of similar projects already implemented or estimated by each consulting cost item according to the standard (if applicable) or market prices;

h) Contingency costs for additional work that may arise and inflation during the project implementation period are determined as a percentage (%) of the total investment amount and specific cost factors as stipulated in Clause 3 of this Article;

i) Management costs and other costs are determined according to legal provisions and the characteristics, management organization of the project.

Article 48. Content and determination of the project budget estimate

1. The project budget estimate is the total necessary costs for implementing the project determined at the implementation stage of the project in accordance with the Feasibility Study Report of the project and the approved project design; other work requirements that must be carried out.

2. The content of the project budget estimate includes the costs specified in Clause 3, Article 47 of this Decree.

3. The project budget estimate is determined based on calculating the costs specified in Clause 4, Article 47 of this Decree at the time of preparing the project budget estimate.

Article 49. Authority to review and approve project design and budget estimate

1. For projects managed by Ministries and central agencies: the specialized agency managing public investment of the Ministry or central agency shall organize the review of the project design and investment budget and submit to the competent authority to decide on investment in the project (as stipulated in Article 39 of the Public Investment Law) for approval.

2. For Group A and Group B, Group C projects managed by provincial People's Committees: the Department of Planning and Investment shall take the lead and coordinate with specialized management departments to organize the review of the project design and investment budget and submit to the Chairman of the provincial People's Committee or the agency authorized to decide on investment (as stipulated in Point c, Clause 3, Article 39 of the Public Investment Law) for approval.

3. For projects managed by district or commune People's Committees and Group B, Group C projects authorized or delegated by provincial People's Committees to decide on investment: the specialized agency managing public investment under the district or commune People's Committee shall take the lead in reviewing the project design and investment budget and submit to the Chairman of the district or commune People's Committee for approval.

Article 50. Procedure, formalities, and time limit for reviewing project design and budget estimate

1. The project investor shall submit the project design and budget estimate dossier to the specialized agency managing public investment in accordance with the provisions of Article 52 of this Decree.

2. The specialized agency managing public investment shall take the lead and coordinate with relevant agencies to organize the review of the contents of the project design and budget estimate in accordance with the provisions of Article 51 of this Decree. During the review process, the leading review agency may invite organizations and individuals with relevant expertise and experience to participate in reviewing parts of the project design and investment budget to assist in their review work.

3. The time limit for the specialized agency managing public investment to review the project design and investment budget from the date of receiving complete valid documents is as follows:

a) For Group A projects: not exceeding 40 days;

b) For Group B projects: not exceeding 30 days;

c) For Group C projects: not exceeding 20 days.

Article 51. Content of review and approval of project design and budget estimate

1. The content of the review of the project design and budget estimate includes the contents specified in Article 47 of this Decree and the contents specified in Clause 2 of this Article.

2. The content of the approval of the project design and budget estimate includes:

a) General information about the project: project name, project component (specify the project group); project investor, design contractor; investment location (if applicable);

b) Scale, technology, technical parameters, and main economic and technical indicators of the project;

c) National technical standards and main standards applied;

d) Main design solutions of the project component and the entire project;

đ) Project investment budget estimate;

e) Requirements for completing and supplementing the design dossier and other contents (if applicable).

3. Time limit for approving the project design and budget estimate: the competent authority deciding on investment in the project shall approve the project investment budget from the date of receiving complete valid documents as follows:

a) For Group A projects: not exceeding 15 working days;

b) For Group B projects: not exceeding 10 working days;

c) For Group C projects: not exceeding 5 working days.

Article 52. Investment Design and Budget Estimate Review Documents

1. Request for design review.

2. Design description, design drawings (if any), related survey documents.

3. Copy of the investment policy decision and project investment decision along with the approved design dossier.

4. The investor's comprehensive report on the suitability of the design dossier with the regulations.

5. Project investment budget estimate.

Article 53. Acceptance and Operation of the Project

1. The project shall be put into operation when it has been completed according to the approved design, operates in accordance with technical requirements, and passes quality acceptance.

2. Depending on the specific conditions of each project, individual components, sub-projects, or the entire project may be handed over for operation and use upon completion.

3. The acceptance handover record of the project component, sub-project, or the entire completed project serves as the basis for the investor to put the project into operation and settle the investment capital.

4. The handover dossier includes: completed project dossier; user and operation guidelines; maintenance regulations.

5. The project investment dossier must be submitted for storage in accordance with the laws on state archives.

Article 54. Completion of the Project Investment

1. The project investment is considered complete when the investor receives the handover of the entire project and the project has completed its warranty period as stipulated.

2. Before handing over the project, the contractor must remove all their assets (if any) from the construction site.

Article 55. Project Operation

1. After receiving the handover of the project, the investor or the organization entrusted with managing and using the project is responsible for operating and utilizing the project effectively in accordance with the approved purpose and economic-technical indicators.

2. The investor or the organization entrusted with managing and using the project is responsible for performing maintenance, repair, and upkeep of the project in accordance with the regulations.

Chapter V

TASKS AND LIMITATIONS OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN THE PREPARATION, REVIEW, DECISION ON INVESTMENT POLICY, DECISION ON PROJECT INVESTMENT, AND MANAGEMENT OF PUBLIC INVESTMENT PROJECTS

Article 56. Tasks and Authorities of the Government

1. To uniformly manage the State’s affairs concerning preparation, review, decision on investment policy, and decision on public investment programs and projects.

2. To submit to the National Assembly for decision on the investment policy of national target programs.

3. To decide on the investment policy of the programs specified in Clause 2, Article 17 of the Public Investment Law.

Article 57. Tasks and Authorities of the Prime Minister

1. To issue decisions and directives related to preparation, review, decision on investment policy, and decision on public investment programs and projects.

2. To decide on the investment policy and decision on programs and projects as stipulated in Clause 3, Article 17 and Clause 1, Article 39 of the Public Investment Law.

3. To decide on the establishment of:

a) The National Review Board to review the investment policy and decision on national target programs;

b) The Inter-Ministerial Review Board to review the investment policy and decision on target programs and group A projects as prescribed by the Public Investment Law.

Article 58. Tasks and Authorities of the Ministry of Planning and Investment

1. To advise the Government on uniformly managing the State’s affairs concerning preparation, review, decision on investment policy, and decision on public investment programs and projects; management of public investment projects without construction components.

2. To issue or take the lead in researching and preparing, submitting to competent authorities for issuance of legal documents related to preparation, review, decision on investment policy, and decision on programs and projects; management of public investment projects without construction components.

3. To submit to the Prime Minister for the establishment of the National Review Board, Inter-Ministerial Review Board, and Review Board to review group A public investment programs and projects within the jurisdiction of the National Assembly, Government, and Prime Minister for decision on investment policy and decision on investment.

4. To take the lead and coordinate with relevant agencies to organize the review of the proposal report for investment policy, review of funding sources and ability to balance funds for public investment programs and projects in accordance with the laws on public investment.

5. To guide business practices and organize training, upgrading the professional skills of officials, civil servants, and employees of central ministries and local authorities in preparation, review, decision on investment policy, and decision on public investment programs and projects.

6. To organize inspections, audits, and supervision of the preparation, review, decision on investment policy, and decision on public investment programs and projects of central ministries and localities.

Article 59. Tasks and Authorities of the Ministry of Finance

1. To take the lead and coordinate with the Ministry of Planning and Investment to guide central ministries and localities in preparing budgets for public services expenditures and regular expenditures to implement the disbursement tasks set out in Clauses 1, 3, 4, and 5 of Article 15 of the Public Investment Law.

2. To coordinate with the Ministry of Planning and Investment in reviewing sources of capital and the ability to balance capital for programs and projects using central government budget funds, national treasury bonds, government bonds, and other public investment funds managed by the Central Government as stipulated by the Public Investment Law.

Article 60. Tasks and Authorities of Central Ministries and Sectors

1. Organizing preparation and internal review:

a) Feasibility study reports, proposals for investment policies, feasibility study reports for National Target Programs and target programs under their functional responsibilities assigned by the Government;

b) Preliminary feasibility study reports, proposals for investment policies, feasibility study reports for public investment projects under their management.

2. Deciding on investment policies for public investment projects in Group B and Group C according to the authority prescribed in Clause 4 of Article 17 of the Public Investment Law.

3. Deciding on investment in public investment projects as prescribed in Clause 2 of Article 39 of the Public Investment Law; delegating or authorizing subordinate agencies to decide on investment in Group B and Group C projects (if deemed necessary) according to Point c of Clause 2 of Article 39 of the Public Investment Law.

4. Issuing and guiding the implementation of standards, technical regulations, and economic-technical norms serving as bases for preliminary feasibility study reports, proposals for investment policies, and feasibility study reports for projects within their functional responsibilities assigned by the Government and as prescribed by law.

5. Deciding on the organization of project management for public investment projects without construction components according to laws on public investment and related laws.

6. Participating in the State Appraisal Council for National Target Programs, inter-sectoral appraisal councils for target programs and Group A projects, or chairing the appraisal council for Group A projects according to the Decision of

7. Coordinating with the Ministry of Planning and Investment in reviewing other programs and projects according to the provisions of law.

8. Specifying the tasks of specialized agencies managing public investment under central ministries and sectors regarding preparation, review, decision-making on investment policies, decision-making on investment, and management of public investment programs and projects.

9. Guiding and supervising the preparation, review, decision-making on investment policies, decision-making on investment for public investment programs and projects, and management of public investment projects within their assigned functions and responsibilities according to laws on public investment and construction.

Article 61. Tasks and Authorities of People's Councils at All Levels

1. Deciding on investment policies for public investment programs under their management according to Point a of Clause 1 of Article 91 of the Public Investment Law.

2. Deciding or authorizing the Standing Committee of the People's Council at the same level to examine, give opinions, and decide on investment policies for projects using public investment funds under their management according to Points b and c of Clause 1 of Article 91 of the Public Investment Law.

3. Supervising the preparation, review, and decision-making on investment policies and decisions on investment for programs and projects managed by the locality.

4. In addition to the tasks and authorities prescribed in Clauses 1, 2, and 3 of this Article, the People's Council at the provincial level shall decide on criteria for key Group C projects according to Clause 3 of Article 5 of this Decree.

Article 62. Duties and Authorities of People's Committees at All Levels

1. Organize the establishment, examination, and submission to the People's Council at the same level for decision on investment orientation of projects in accordance with Points a, b, and c Clause 2 Article 92 of the Public Investment Law, Point a and Point c Clause 3 Article 93 of the Public Investment Law, and provisions of this Decree.

2. Decide on investment orientation of projects in accordance with Clause 3 Article 92 and Clause 4 Article 93 of the Public Investment Law.

3. Decide on investment of public investment programs and projects in accordance with Point a and Point b Clause 3, Point a and Point b Clause 4 Article 39 of the Public Investment Law; the Chairman of the Provincial and District People's Committees may delegate or authorize subordinate agencies to decide on investment of Group B and Group C projects in accordance with Point c Clause 3 and Point c Clause 4 Article 39 of the Public Investment Law.

4. Decide on management of public investment projects without construction components under their own management in accordance with laws on public investment and related laws.

5. Organize consultation to seek opinions from agencies, organizations, enterprises, and local communities on investment orientation and decisions on investment of programs and projects in accordance with the law.

6. Inspect compliance with legal regulations on the establishment, examination, decision on investment orientation, and decision on investment of public investment programs and projects by subordinate units.

7. In addition to the duties and authorities stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article, the Provincial People's Committee shall organize the implementation of the following tasks:

a) Submit to the People's Council at the same level for approval of criteria for key Group C projects managed by the locality;

b) Specify the tasks of provincial departments and regulations on coordination among sectors and levels of the locality in the establishment, examination, decision on investment orientation, and decision on investment of public investment programs and projects managed by the locality;

c) Coordinate with central ministries and sectors in the establishment, examination, decision on investment orientation, and decision on investment of public investment programs and projects managed by central ministries and sectors within the province when required.

Article 63. Duties and Authorities of the Vietnam Fatherland Front

The Vietnam Fatherland Front at all levels shall perform the community supervision duties stipulated in Article 95 of the Public Investment Law.

Article 64. Duties and Authorities of the Department of Planning and Investment

1. Take the lead and coordinate with relevant agencies to provide advice and submit to the Provincial People's Committee:

a) Criteria for key Group C projects managed by the locality;

b) Regulations on coordination among sectors and levels of the locality in the establishment, examination, decision on investment orientation, and decision on investment of programs and projects managed by the locality;

c) Reports proposing investment orientation of target programs managed by the locality in accordance with the Public Investment Law;

d) Reports proposing investment orientation and investment decisions for projects managed by the province;

e) Provisions related to the management of public investment projects without construction components.

2. Serve as the permanent member of the Appraisal Board for Preliminary Feasibility Study Reports and Reports Proposing Investment Orientation of Programs and Projects Managed by the Province, and prepare opinions to be submitted to the Provincial People's Committee for reporting to the competent authority to decide on investment orientation of projects using central budget funds managed by the locality.

3. Serve as the permanent member of the Appraisal Board or take the lead in appraising and approving investment decisions, design, and budget estimates for public investment projects without construction components managed by the province and other projects assigned by the Provincial People's Committee.

4. Take the lead and coordinate with the Finance Department to examine sources of capital and the ability to balance capital for projects using balanced local budget funds, local government bond funds, and retained revenue for investment but not included in the local budget balance.

5. Organize and guide business procedures for the establishment, examination, decision on investment orientation of programs and projects, and decision on investment of public investment projects without construction components for provincial departments and agencies, and district and commune levels.

Article 65. State Appraisal Council and Inter-Ministerial Appraisal Council

1. The State Appraisal Council shall be established by the Prime Minister and shall be responsible for: a) Appraising the Report on Investment Policy Proposals for National Target Programs to complete and submit the report to the State Appraisal Council for consolidation and reporting;

b) Appraising the Feasibility Study Report for National Target Programs to complete and submit the report to the State Appraisal Council for consolidation and reporting.

2. The Inter-Ministerial Appraisal Council shall be established by the Prime Minister and shall be tasked with:

a) Appraising the Report on Investment Policy Proposals for National Target Programs to complete and submit the investment policy proposal report for approval;

b) Appraising the Preliminary Feasibility Study Report for Group A Projects to complete and submit the report for approval by central ministries, sectors, and localities.

3. The State Appraisal Council and the Inter-Ministerial Appraisal Council shall consist of the Chairman, Vice-Chairman, and other members of the Council. The Chairman of the State Appraisal Council and the Inter-Ministerial Appraisal Council shall be the Minister of Planning and Investment; the Vice-Chairman and other members of the Council shall be representatives of central ministries, sectors, and related agencies appointed by the Prime Minister upon the recommendation of the Chairman.

4. The State Appraisal Council and the Inter-Ministerial Appraisal Council shall operate under a collective decision-making system under the chairmanship of the Chairman.

5. The Chairman and members of the State Appraisal Council and the Inter-Ministerial Appraisal Council shall be accountable to the Prime Minister for the organization of appraisals and appraisal activities assigned, opinions, conclusions, and recommendations regarding programs and projects.

6. The State Appraisal Council and the Inter-Ministerial Appraisal Council shall dissolve themselves after completing the appraisal work as prescribed. Article 66. Responsibilities of the Chairman, Vice-Chairman, and Members of the State Appraisal Council and the Inter-Ministerial Appraisal Council

1. Responsibilities of the Chairman of the State Appraisal Council and the Inter-Ministerial Appraisal Council:

a) Approving the working regulations, program, and work plan of the Council and other issues related to the appraisal process of programs and projects after the Council's unanimous agreement; deciding to convene Council meetings; chairing Council sessions; assigning responsibilities to the Vice-Chairman and other members of the Council;

b) Deciding to establish an Inter-Ministerial Expert Appraisal Team or a Council Support Team based on work requirements;

c) In cases deemed necessary, the Chairman may delegate authority to the Vice-Chairman to convene and chair Council sessions or report certain matters or tasks delegated by the Chairman to the Government;

d) Deciding to hire and select consultants to participate in the appraisal of Group A Programs and Projects (if deemed necessary).

2. Responsibilities of the Vice-Chairman of the State Appraisal Council and the Inter-Ministerial Appraisal Council:

a) Directing, monitoring, and implementing tasks assigned by the Chairman. Regularly reporting on the implementation of tasks assigned by the Chairman;

b) Assisting the Chairman in reviewing and evaluating specialized reports and other activities of the Council for submission.

3. Responsibilities of Members of the State Appraisal Council and the Inter-Ministerial Appraisal Council:

a) Providing opinions on appraisal contents within the functions and tasks of central ministries, sectors, and localities they are responsible for, and general issues of programs and projects;

b) Mobilizing human resources, means of work, and research facilities under their management to fulfill assigned tasks;

c) Attending all Council sessions, contributing opinions on appraisal contents, and voting on Council conclusions when necessary. In exceptional cases where direct attendance is not possible, Council members may provide opinions in writing and authorize a representative to attend. The opinion of the authorized representative is considered the opinion of the member.

b) Mobilize human resources, working facilities, research bases under their management to complete the assigned tasks;

c) Fully participate in all sessions of the Council, exchange and contribute opinions on the contents being reviewed, and vote on the Council's conclusions when necessary. In special cases where direct attendance is not possible, members of the National Review Council and the Inter-Ministerial Review Council shall provide their opinions in writing and simultaneously authorize a representative to attend. The opinion of the authorized representative is considered the opinion of the Council member.

Article 67. Rights and responsibilities of agencies, organizations, and individuals related to the establishment, examination, decision on investment policy orientation, and investment decision for programs and projects

The rights and responsibilities of agencies, organizations, and individuals related to the establishment, examination, decision on investment policy orientation, and investment decision for programs and projects shall be implemented in accordance with the provisions of Articles 96, 97, 98, 99, 100, and 101 of the Public Investment Law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 68. Transitional Provisions

1. Handling of programs and projects that have been decided by competent authorities before the Public Investment Law comes into effect but have not yet been allocated capital:

a) Shall be carried out in accordance with the provisions of Clause 1, Article 106 of the Public Investment Law;

b) Projects assigned capital from the public investment plan for the year 2015 or earlier, shall be implemented according to the capital allocation plan without having to establish, examine, and decide on investment policy orientation as prescribed by the Public Investment Law;

c) Projects that have not been allocated capital by the competent authority by the end of the 2015 plan, but were examined for funding sources and financial balance, and accepted specific levels of public investment capital before January 1, 2015, do not need to re-examine funding sources and financial balance; they shall implement the establishment, examination, and decision on investment policy orientation for the project in accordance with the Public Investment Law and this Decree at the level of capital already examined and balanced by the competent authority. For projects whose investment policy orientation decisions remain unchanged compared to the investment decisions approved before the Public Investment Law came into effect, the competent authority shall allocate the medium-term and annual public investment plans' capital for the project based on the previously approved investment decision. For projects whose investment policy orientation decisions differ from the previously approved investment decisions, the competent authority shall approve the investment decision for the project in accordance with the approved investment policy orientation.

2. For projects that have been approved investment decisions using sources other than public investment capital, if they switch to using public investment capital from the 2016 plan to implement, they must conduct an examination of funding sources and financial balance, decide on investment policy orientation, and re-approve the investment decision in accordance with the Public Investment Law and relevant laws.

3. Projects that have not been decided on investment by the competent authority before the Public Investment Law comes into effect:

a) Shall implement the establishment, examination, decision on investment policy orientation, and investment decision for the project in accordance with the Public Investment Law and this Decree. Specifically, for projects before January 1, 2015, which have been

b) If the competent authority decides on investment policy orientation not in accordance with the procedures and formalities stipulated in the Public Investment Law, they must implement the establishment, examination, decision on investment policy orientation, and investment decision in accordance with the Public Investment Law;

c) Projects that have been allocated capital from the public investment plan for the year 2015 but have not yet had their investment decisions approved, must implement the establishment, examination, decision on investment policy orientation, and investment decision in accordance with the Public Investment Law.

4. For districts, counties, and wards during the period of implementing the pilot program without organizing the People's Council at the same level, which are budgetary units of the higher-level People's Committee. The establishment, examination, and decision on investment policy orientation shall be carried out in accordance with the regulations of the higher-level People's Committee.

Article 69. Implementation Provisions

1. This Decree takes effect from February 15, 2016. All previous provisions contrary to this Decree are abolished.

2. The Minister of Planning and Investment shall guide the implementation of this Decree (if deemed necessary).

3. The Ministers, Heads of ministerial-level agencies, Heads of other central agencies, Chairpersons of provincial People's Committees under the Central Government, and Heads of related agencies and units are responsible for implementing this Decree./.