Decree No. 40/2020/NĐ-CP provides detailed regulations on implementing certain provisions of the Public Investment Law.

DECREE

Detailed regulations on implementation of certain provisions of the Investment Law

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Investment Law dated June 13, 2019;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree providing detailed regulations on implementation of certain provisions of the Investment Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

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

1. Documents, contents, and timeframes for examination, decision on investment orientation, adjustment of investment orientation, and cases of adjustment of investment orientation for public investment programs and projects of Groups A, B, and C.

2. Documents, contents, and timeframes for examination, decision on programs and projects; contents, procedures, and formalities for establishment, examination, and adjustment of programs and projects of Groups A, B, and C.

3. Principles, authorities, procedures, and formalities for decision on investment orientation; principles, authorities, contents, procedures, and formalities for establishment, examination, and decision on investment for public investment projects of Groups A, B, and C outside Vietnam.

4. Delegation of authority, procedures, and formalities for decision on investment orientation and investment for public investment programs and projects of Groups A, B, and C using lawful revenues from state agencies and public service units designated for investment.

5. Procedures and formalities for implementation of investment for interest subsidy credit facilities, management fees; capital contribution to policy banks and state financial funds outside the budget; support for other policy targets according to decisions of the Prime Minister.

6. Subjects and contents of preliminary environmental impact assessment for decision on investment orientation for projects.

7. Management and implementation of tasks for investment preparation, planning tasks, and public investment projects without construction components.

8. Establishment, examination, approval, allocation of medium-term and annual plans for lawful revenues from state agencies and public service units designated for investment.

9. Organizational measures, implementation, reporting to competent authorities on the implementation of medium-term and annual public investment plans.

10. Procedures and formalities for adjustment of medium-term and annual public investment plans funded by the state budget.

11. Extension of implementation and disbursement periods for annual public investment plans funded by the state budget.

12. Information system and national database on public investment.

Article 2. Applicability

This Decree applies to organizations and individuals participating in or related to public investment activities, management, and use of public investment capital.

Article 3. Explanation of Terms

1. Internal examination is the examination to perfect documents and reports before submission to the competent authority or Examination Council for examination of investment orientation as the basis for the competent authority to decide on investment orientation or adjust investment orientation for programs and projects; to examine programs and projects as the basis for decision or adjustment of programs and projects. The leading agency for internal examination is determined by the head of ministries, central agencies, and Chairpersons of People's Committees at all levels.

2. Public investment projects abroad are projects for purchasing equipment, constructing new facilities, renovating, and repairing offices and housing for staff of Vietnamese representative offices and other Vietnamese agencies abroad using all or part of public investment capital; projects for purchasing houses, land, and long-term land leases abroad to construct offices and housing for staff using all or part of public investment capital.

3. Interest subsidy credit facilities and management fee support for policy banks involve the allocation of public investment capital to support policy banks to offset interest rate differences and management fees for lending to policy targets as stipulated by law.

4. Capital contribution and additional capital contribution to policy banks and state financial funds outside the budget involve the allocation of public investment capital to contribute initial capital and additional capital contributions to policy banks and state financial funds outside the budget according to the decision of the competent authority.

5. Investment support for policy targets according to the decision of the Prime Minister involves the allocation of public investment capital to implement specific policies according to the decision of the Prime Minister.

6. Information system and national database on public investment

a) National information system on public investment is a collection of hardware, software, and databases established to serve the purpose of creating, establishing, providing, transmitting, collecting, processing, storing, and exchanging information related to public investment over a network (hereinafter referred to as the System).

b) National database on public investment is a collection of basic information about programs, projects, and investment plans built, updated, maintained for management, exploitation, and use through electronic means.

c) The System is uniformly established and implemented nationwide to serve state management activities on public investment, including consolidation, reporting, allocation, and adjustment of medium-term and annual public investment plans; monitoring, evaluation of public investment programs and projects; management, storage, and disclosure of data in accordance with regulations.

Article 4. Costs for preparing and appraising investment programs and projects

1. Costs for preparing and appraising feasibility study reports and proposals for investment policies of public investment programs and projects groups A, B, and C shall be implemented in accordance with Article 15 of the Public Investment Law.

2. In cases where the competent authority does not decide on the investment policy or investment decision, the expenses already incurred for preparing feasibility study reports and proposals for investment policies, feasibility study reports shall be accounted for and settled in the pre-investment costs in the development investment expenditure of ministries, central agencies, and local authorities managing the projects.

Chapter II
PREPARATION, APPRAISAL, AND DECISION ON INVESTMENT POLICY

PUBLIC INVESTMENT PROGRAMS AND PROJECTS

Article 5. Authority to decide on investment policy for programs and projects using funds from legitimate sources of state agencies and public service units designated for investment

1. For programs and projects under state agencies and public service units managed by ministries and central agencies:

a) The head of the ministry or central agency decides on the investment policy: programs and projects group A, B, and C of state agencies under their management; programs and projects group A of directly affiliated public service units that self-fund regular expenses; programs and projects group A and B of other directly affiliated public service units, except those specified in points b and c of this clause;

b) The head of a public service unit that self-funds regular expenses and investment according to regulations decides on the investment policy for programs and projects group A, B, and C under its management;

c) The head of a public service unit that self-funds regular expenses decides on the investment policy for projects group B and C under its management;

d) The head of another public service unit, except those specified in points b and c of this clause, decides on the investment policy for project group C under its management.

2. For programs and projects under state agencies and public service units managed by localities:

a) The Chairpersons of People's Committees at all levels decide on the investment policy: programs and projects group A, B, and C of state agencies under their management; programs and projects group A of directly affiliated public service units that self-fund regular expenses; programs and projects group A and B of other directly affiliated public service units, except those specified in points b and c of this clause;

b) The head of a public service unit that self-funds regular expenses and investment according to regulations decides on the investment policy for programs and projects group A, B, and C under its management;

c) The head of a public service unit that self-funds regular expenses decides on the investment policy for projects group B and C under its management;

d) The head of another public service unit, except those specified in points b and c of this clause, decides on the investment policy for project group C under its management.

3. Within ten days from the date of approval of the investment policy for programs and projects, the public service units specified in points b, c, and d of Clause 1 of this Article and points b, c, and d of Clause 2 of this Article shall send the decision approving the investment policy for programs and projects to the ministries, central agencies, and People's Committees at the management level for reporting.

Article 6. Procedures and formalities for deciding on investment policies for programs and projects using funds from lawful revenues of state agencies and public service units designated for investment.

1. Heads of ministries and central agencies:

a) Assign subordinate units or public service units under their management to prepare feasibility study reports and proposals for investment policies for programs and projects as specified in point a, Clause 1, Article 5 of this Decree;

b) Establish a Review Board or assign a unit with review functions to examine feasibility study reports and proposals for investment policies; review the sources of funds and the ability to balance funds from lawful revenues of state agencies and public service units designated for investment;

c) Direct the units specified in point a of this clause to complete feasibility study reports and proposals for investment policies; submit them to the heads of ministries and central agencies for consideration and decision on investment policies for programs and projects.

2. Chairpersons of People's Committees at all levels:

a) Assign specialized agencies, subordinate units, or public service units under their management to prepare feasibility study reports and proposals for investment policies for programs and projects as specified in point a, Clause 2, Article 5 of this Decree;

b) Establish a Review Board or assign a unit with review functions to examine feasibility study reports and proposals for investment policies; review the sources of funds and the ability to balance funds from lawful revenues of agencies and public service units designated for investment;

c) Direct the agencies and units specified in point a of this clause to complete feasibility study reports and proposals for investment policies; submit them to the Chairpersons of People's Committees at all levels for consideration and decision on investment policies for programs and projects.

3. Heads of public service units specified in points b, c, d, Clause 1, Article 5 and points b, c, d, Clause 2, Article 5 of this Decree:

a) Assign specialized agencies or subordinate units within their management authority to prepare feasibility study reports and proposals for investment policies for their own programs and projects;

b) Establish a Review Board or assign a unit with review functions to examine feasibility study reports and proposals for investment policies; review the sources of funds and the ability to balance funds from lawful revenues of their own units designated for investment;

c) Direct the agencies and units specified in point a of this clause to complete feasibility study reports and proposals for investment policies; submit them to the heads of public service units for consideration and decision on investment policies for programs and projects.

Article 7. Principles and authority for deciding on investment policies for Group A, B, and C public investment projects abroad

1. The principles for deciding on investment policies for public investment projects abroad shall be implemented according to the provisions of Clause 2 and 3, Article 3 of the Public Investment Law and the provisions of this Decree.

2. The authority for deciding on investment policies for public investment projects abroad shall be implemented according to the provisions of Article 17 of the Public Investment Law.

Article 8. Procedures and formalities for deciding on investment policies for Group A, B, and C public investment projects abroad

1. Heads of ministries and central agencies:

a) Assign subordinate units to prepare feasibility study reports and proposals for investment policies for projects;

b) Establish a Review Board or assign a unit with review functions to examine feasibility study reports and proposals for investment policies; review the sources of funds and the ability to balance project funds;

c) Direct the units specified in point a of this clause to complete feasibility study reports and proposals for investment policies; submit them to the competent authority for consideration and decision on investment policies for projects.

2. Chairpersons of People's Committees at all levels:

a) Assign specialized agencies or subordinate units to prepare feasibility study reports and proposals for investment policies for projects;

b) Establish a Review Board or assign a unit with review functions to examine feasibility study reports and proposals for investment policies; review the sources of funds and the ability to balance project funds;

c) Direct the agencies and units specified in point a of this clause to complete feasibility study reports and proposals for investment policies; submit them to the competent authority for consideration and decision on investment policies for projects.

3. Contents of feasibility study reports for Group A projects, proposals for investment policies for Group B and C projects:

a) The necessity for investment, conditions for implementing investment, and assessment of compliance with planning regulations of the host country;

b) Objectives, scale, and location of investment;

c) Estimated total investment amount;

d) Estimated schedule and phased implementation of investment;

đ) Factors related to security and the environment; preliminary determination of economic and social effectiveness;

e) Division of component projects (if applicable);

g) Implementation solutions.

4. Contents of review for investment policy proposals for projects include:

a) The necessity for investment in the project;

b) Compliance with laws of the host country and the Socialist Republic of Vietnam;

c) Compliance with planning regulations of the host country;

d) Objectives, scale, location, progress in implementing investment; factors related to security and the environment;

đ) Economic and social effectiveness.

Article 9. Documents, contents, and time for reviewing feasibility study reports and investment policy proposal reports for public investment programs and projects in Groups A, B, and C

1. The documents for reviewing feasibility study reports and investment policy proposal reports for public investment programs and projects in Groups A, B, and C include:

a) Petition requesting the competent authority to decide on the investment policy for the program or project;

b) Feasibility study report for Group A projects; proposal report for investment policy for Group B and C programs and projects as stipulated in Articles 29, 30, and 31 of the Public Investment Law;

c) Other related documents (if any).

2. The number of review documents sent to the Review Board or the main reviewing agency is ten sets.

3. Contents of reviewing the investment policy for public investment programs include:

a) Compliance with criteria for determining public investment programs;

b) Compliance with legal provisions within the submitted review documents;

c) Compliance with strategic goals; socio-economic development plans; sectoral and field development plans; relevant planning regulations as stipulated by law;

d) Contents specified in Article 29 of the Public Investment Law, including specific review of basic contents of the program such as objectives, scope, scale, investment targets, time frame, implementation schedule, and planned capital allocation; sources of funds and financial balance capability; mobilization of other resources;

đ) Economic and social effectiveness, environmental protection, and sustainable development.

4. Contents of reviewing the investment policy for public investment projects in Groups A, B, and C include:

a) Necessity of investment in the project;

b) Compliance with legal provisions within the submitted review documents;

c) Compliance with strategic goals; relevant plans and planning regulations as stipulated by law;

d) Compliance with criteria for classifying projects in Groups A, B, and C;

đ) Contents specified in Articles 30 and 31 of the Public Investment Law, including specific review of basic contents 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 funds and financial balance capability; ability to recover capital and repay loans if borrowing is involved; planned capital allocation;

e) Economic and social effectiveness, environmental protection, and sustainable development.

5. The main reviewing agency responsible for reviewing feasibility study reports and investment policy proposal reports for public investment programs and projects shall seek opinions from agencies assigned to review funding sources and financial balance capability of the program or project according to Clauses 2, 3, and 4 of Article 33 of the Public Investment Law during the review process.

6. Time for reviewing feasibility study reports and investment policy proposal reports for public investment programs and projects in Groups A, B, and C starts from the date when the Review Board or the main reviewing agency receives complete valid documents as follows:

a) National Target Programs: Not exceeding 60 days;

b) Public Investment Programs (excluding National Target Programs): Not exceeding 45 days;

c) Group A Projects: Not exceeding 45 days;

d) Group B and C Projects: Not exceeding 30 days;

In case the documents are not valid or the contents in the feasibility study report or investment policy proposal report for the program or project do not comply with the provisions of Articles 29, 30, and 31 of the Public Investment Law, within 10 days from the receipt of the documents, the Review Board or the main reviewing agency shall issue a written opinion to the submitting agency to supplement the documents or perfect the contents of the feasibility study report or investment policy proposal report for the program or project.

7. In case an extension of the review time for feasibility study reports and investment policy proposal reports for public investment programs and projects is needed, the Review Board or the main reviewing agency must:

a) Report to the Prime Minister for permission to extend the review time for feasibility study reports and investment policy proposals for programs and projects under the decision-making authority of the National Assembly, Government, or Prime Minister;

b) Report to the Chairman of People's Councils at all levels for permission to extend the review time for feasibility study reports and investment policy proposals for programs and projects under the decision-making authority of the People's Councils at the same level;

c) Report to the head of ministries or central agencies for permission to extend the review time for investment policy proposals for programs and projects under the decision-making authority of ministries or central agencies;

d) The extended time shall not exceed the corresponding review time stipulated in Clause 6 of this Article.

8. The Review Board or the main reviewing agency shall submit the review report for feasibility study reports of Group A projects and investment policy proposal reports for programs and projects in Groups B and C according to the following procedures:

a) For public investment programs: send to the program's main agency and the competent authority deciding on the investment policy;

b) For Group A projects under the authority of the Prime Minister as stipulated in Clause 5 of Article 23 of the Public Investment Law, also send to the Government Office to report to the Prime Minister;

c) For Group A projects under the authority of the People's Councils of provinces as stipulated in Clause 2 of Article 24 of the Public Investment Law;

d) For Group B and C projects, send to the submitting agency, the project management agency, and the competent authority deciding on the investment policy.

Article 10. Documents to be submitted to the competent authority and time for deciding on investment orientation for Group A, B, and C public investment programs and projects

1. The documents to be submitted to the competent authority for deciding on investment orientation for Group A, B, and C public investment programs and projects include:

a) The documents prescribed in Clause 1 of Article 9 of this Decree; wherein the contents in the proposal and the preliminary feasibility study report, and the investment orientation proposal report prescribed in Points a and b of Clause 1 of Article 9 of this Decree have been completed according to the assessment report of the Assessment Council or the leading assessment agency;

b) The assessment report of the Assessment Council or the leading assessment agency on the investment orientation for the program and project.

2. The number of documents to be submitted to the competent authority for deciding on investment orientation for the program and project as prescribed in Clause 1 of this Article is five sets of documents.

3. The time for deciding on investment orientation for the program and project from the date the competent authority for deciding on investment orientation receives all valid documents is as follows:

a) Public investment program (excluding national target programs): Not exceeding twenty days;

b) Group A project: Not exceeding fifteen days;

c) Group B and C projects: Not exceeding ten days;

In cases where the program and project's investment orientation is decided by the People's Councils at various levels, the time for deciding on investment orientation shall be consistent with the schedule of the People's Council session.

4. Within fifteen days from the date the competent authority for deciding on investment orientation for the program and project:

a) Ministries, central agencies, and local authorities managing programs and projects using central budget funds shall submit to the Ministry of Planning and Investment and the Ministry of Finance for deciding on investment orientation for the program and project that has been approved by the competent authority;

b) Agencies managing programs and projects using state budget funds at various local levels shall submit to the Department of Planning and Investment, the Department of Finance, and the specialized agencies managing investment at the same level for deciding on investment orientation for the program and project that has been approved by the competent authority.

Article 11. Cases of adjustment of investment orientation, documents to be submitted to the competent authority, and time for deciding on adjustment of investment orientation for Group A, B, and C public investment programs and projects

1. In cases where the program and project have been decided on investment orientation by the competent authority but not yet decided on investment, if there is a change in the content of the investment orientation decision, the adjustment of investment orientation shall be carried out in accordance with Article 34 of the Law on Public Investment.

2. In cases where the program and project have been decided on investment by the competent authority and are currently being implemented, the adjustment of investment orientation shall be carried out in accordance with Clause 5 of Article 43 of the Law on Public Investment.

3. The documents to be submitted to the competent authority for deciding on adjustment of investment orientation for the program and project include:

a) The proposal to the competent authority for deciding on adjustment of investment orientation for the program and project, detailing the reasons for adjusting the investment orientation for the program and project; the contents of the adjustment of investment orientation for the program and project corresponding to the main contents of the preliminary feasibility study report and the investment orientation proposal report prescribed in Articles 29, 30, and 31 of the Law on Public Investment;

b) The accompanying documents with the proposal including: the decision on investment orientation for the program and project; the previous decision on adjustment of investment orientation for the program and project (if any); documents prescribed in Point b of Clause 1 of Article 9 of this Decree supplemented with the content of the adjustment of investment orientation;

c) The assessment report of the Assessment Council or the leading assessment agency on the adjustment of investment orientation for the program and project;

d) Other related documents (if any).

4. The number of documents to be submitted to the competent authority for deciding on adjustment of investment orientation for the program and project as prescribed in Clause 2 of Article 9 of this Decree.

5. The time for deciding on adjustment of investment orientation for the program and project from the date the competent authority for deciding on adjustment of investment orientation receives all valid documents is as follows:

a) Public investment program (excluding national target programs): Not exceeding twenty days;

b) Group A project: Not exceeding fifteen days;

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

Article 12. Object and Content of Preliminary Environmental Impact Assessment for Investment Decision

1. Preliminary environmental impact assessment is a component of the feasibility study report or the proposal report for investment policy of the project. The object of preliminary environmental impact assessment includes public investment projects that require approval of the investment policy decision under the provisions of the Law on Environmental Protection and Article 99 of the Public Investment Law.

2. The content of preliminary environmental impact assessment includes:

a) Evaluation of the suitability of the project location with the environmental protection strategy, national environmental protection plan, environmental protection content in regional planning, provincial planning, and other related plans;

b) Identification and prediction of major environmental impacts that may occur from the project according to various scenarios regarding production scale, business, service, production technology, and project location;

c) Evaluation of the level of environmental sensitivity according to various scenarios regarding project location;

d) Analysis, evaluation, and selection of optimal options regarding production scale, business, service, production technology, waste treatment technology (if applicable), and project location to meet environmental protection requirements and main environmental protection measures;

đ) Determination of contents to be assessed during the implementation of the environmental impact assessment or environmental permit process (if applicable), including preliminary determination of the scope of the project's impact on the environment, natural resources, biodiversity, and commitment to implement environmental protection measures.

Chapter III
ESTABLISHMENT, REVIEW, AND INVESTMENT DECISION

PUBLIC INVESTMENT PROGRAMS AND PROJECTS

Article 13. Authority to Decide Investment Programs and Projects Using Legal Revenue from State Agencies and Public Service Units for Investment Purposes

1. For programs and projects under state agencies and public service units managed by ministries and central agencies:

a) The head of ministries, central agencies decides investment programs and projects of groups A, B, and C managed by state agencies under their jurisdiction;

b) The head of public service units decides investment programs and projects of groups A, B, and C managed by their unit;

c) Public service units specified in point b of this clause can act as the main investor for projects without construction components decided by themselves to invest in.

2. For programs and projects under state agencies and public service units managed by localities:

a) The Chairman of People's Committees at all levels decides investment programs and projects of groups A, B, and C managed by state agencies under their jurisdiction;

b) The head of public service units decides investment programs and projects of groups A, B, and C managed by their unit;

c) Public service units specified in point b of this clause can act as the main investor for projects without construction components decided by themselves to invest in.

Article 14. Procedures and Formalities for Deciding Investment Programs and Projects Using Legal Revenue from State Agencies and Public Service Units for Investment Purposes

1. For investment programs and projects without construction components managed by ministries, central agencies:

a) For programs and projects decided by the heads of ministries, central agencies:

Based on the investment policy decision made by the competent authority, the head of the ministry or central agency assigns the main investor to prepare the feasibility study report for the program or project; establishes a Review Board or assigns a unit with review functions to review the feasibility study report for the program or project;

The main investor, based on the review comments, completes the feasibility study report for the program or project, and submits it to the head of the ministry or central agency for consideration and investment decision;

b) For programs and projects decided by the heads of public service units: The head of the public service unit organizes the preparation of the feasibility study report for the program or project in accordance with the investment policy decision made by the competent authority; organizes the review and approval of the investment program or project and bears responsibility for their decision in accordance with current laws.

2. For investment programs and projects without construction components managed by localities:

a) For programs and projects decided by the Chairmen of People's Committees at all levels:

Based on the investment policy decision made by the competent authority, the Chairman of People's Committees at all levels assigns the main investor to prepare the feasibility study report for the program or project; establishes a Review Board or assigns a unit with review functions to review the feasibility study report for the program or project;

The main investor, based on the review comments, completes the feasibility study report for the program or project, and submits it to the Chairman of People's Committees at all levels for consideration and investment decision;

b) For programs and projects decided by the heads of public service units: The head of the public service unit organizes the preparation of the feasibility study report for the program or project in accordance with the investment policy decision made by the competent authority; organizes the review and approval of the investment program or project and bears responsibility for their decision in accordance with current laws.

Article 15. Principles, authority, content for establishing, reviewing, and deciding on public investment projects groups A, B, and C abroad

1. The principle of deciding to invest in public investment projects groups A, B, and C abroad shall be implemented in accordance with the provisions of Clause 2, Article 3 of the Public Investment Law, complying with the laws of the host country and the Socialist Republic of Vietnam.

2. The authority to decide on investing in public investment projects abroad shall be implemented in accordance with the provisions of Article 35 of the Public Investment Law.

3. The content of public investment projects with construction components carried out by Vietnamese representative agencies abroad shall comply with the Government's regulations on managing investment projects of Vietnamese representative agencies abroad and other relevant legal provisions.

4. The content of public investment projects with construction components carried out by other Vietnamese agencies abroad, which are permitted to do so, shall comply with the Government's regulations on managing investment projects of Vietnamese representative agencies abroad and other relevant legal provisions.

5. The main contents of the feasibility study report for public investment projects without construction components abroad include:

a) The necessity of investment;

b) Compliance with the planning as prescribed by the host country's laws;

c) Analysis and determination of objectives, selection of reasonable scale;

d) Analysis of natural conditions, economic conditions, and selection of investment location;

đ) Factors related to security and environment;

e) Land clearance plan (if applicable);

g) Project implementation schedule; key timeframes for investment implementation;

h) Determination of total investment amount, capital structure;

i) Project management organization, including identification of the investor, analysis and selection of project management implementation forms;

k) Economic and social impact analysis.

6. The content of reviewing public investment projects without construction components abroad includes:

a) Compliance with legal provisions in the submitted review dossier;

b) Consistency of the project with the approved investment policy;

c) The necessity of investment;

d) Compliance with the planning as prescribed by the host country's laws;

đ) Consistency of the project's objectives and scale;

e) Factors related to natural conditions, economic conditions, and selection of investment location;

g) Factors related to security and environment;

h) Land clearance plan (if applicable);

i) Project implementation schedule; key timeframes for investment implementation;

k) Determination of total investment amount;

l) Form of project management implementation;

m) Consistency of capital sources and ability to balance capital; consistency between the total investment amount of the project and the capital balance in the medium-term and annual public investment plans; capital structure, ability to balance public investment capital.

Article 16. Procedures and formalities for establishing, reviewing, and deciding on public investment projects groups A, B, and C abroad

1. For projects managed by ministries or central agencies:

a) Based on the investment policy already decided by the competent authority, the head of the ministry or central agency assigns the investor to prepare the feasibility study report for the project; establishes a Review Board or assigns a unit with the function of reviewing the feasibility study report for the project;

b) The investor, based on the review comments, completes the feasibility study report for the project, and submits it to the head of the ministry or central agency for consideration and decision on investment in the project.

2. For projects managed by local authorities:

a) Based on the investment policy already decided by the competent authority, the Chairman of People's Committees at all levels assigns the investor to prepare the feasibility study report for the project; establishes a Review Board or assigns a unit with the function of reviewing the feasibility study report for the project;

b) The investor, based on the review comments, completes the feasibility study report for the project, and submits it to the Chairman of People's Committees at all levels for consideration and decision on investment in the project.

Article 17. Documents and contents for reviewing public investment programs

1. Documents for reviewing public investment programs:

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

b) The feasibility study report on the program as prescribed in Clause 1, Article 44 of the Public Investment Law;

c) Other related documents (if any).

2. The number of documents for reviewing public investment programs submitted to the Review Board or the leading review agency is ten sets.

3. Contents for reviewing national target programs and public investment programs include:

a) Compliance with legal provisions in the documents submitted for review;

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

c) Contents of the feasibility study report on the program as prescribed in Clause 1, Article 44 of the Public Investment Law;

d) Suitability with sources of capital and the ability to balance capital already reviewed by the competent authority; suitability between the total investment capital of the program and the medium-term and annual public investment plans; structure of central government budget funds, local government budget funds, and other lawful sources of capital; ability to recover capital and repay debt in cases where borrowed capital is used.

4. During the process of reviewing public investment programs with the contents stipulated in Clause 3 of this Article, the Review Board or the leading review agency shall review and compare with the provisions in the decision on the investment policy already approved by the competent authority; indicators regarding the scale and total investment amount of the program, including the capital structure not exceeding the level specified in the decision on the investment policy.

In case it is necessary to adjust the investment policy of the program, it must be carried out according to the provisions of Article 34 of the Public Investment Law and Article 11 of this Decree.

Article 18. Documents and contents for reviewing public investment projects

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

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

b) The feasibility study report on the project as prescribed in Article 44 of the Public Investment Law;

c) Reports from the Vietnam Fatherland Front at all levels summarizing community opinions on the location where the project is implemented, as prescribed in Article 74 of the Public Investment Law;

d) Other related documents serving the review of public investment projects (if any).

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

3. The number of documents for review submitted to the Review Board or the leading review agency is ten sets.

4. Contents for reviewing public investment projects without construction components include:

a) Compliance with legal provisions in the documents submitted for review;

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

c) Contents of the feasibility study report on the project as prescribed in Clause 2, Article 44 of the Public Investment Law;

d) Suitability between the total investment amount of the project and the capital balance in the medium-term and annual public investment plans; structure of investment capital sources, ability to balance investment capital, and mobilization of other sources of capital and resources to implement the project; assessment of operating costs, maintenance, repair, and major repairs during the operation of the project;

đ) Impact of the project on the development of industries, sectors, regions, and localities; creation of additional state revenue, employment, income, and people's livelihoods; impacts on the environment and sustainable development.

5. Contents for reviewing public investment projects with construction components as prescribed by laws on construction, contents not covered in Clause 4 of this Article, and other relevant legal provisions.

6. During the process of reviewing public investment projects with the contents stipulated in Clauses 4 and 5 of this Article, the Review Board or the leading review agency must review and compare with the provisions in the decision on the investment policy already approved by the competent authority; indicators regarding the scale and total investment amount of the project, including the capital structure not exceeding the level specified in the decision on the investment policy.

In case it is necessary to adjust the investment policy of the project, it must be carried out according to the provisions of Article 34 of the Public Investment Law and Article 11 of this Decree.

Article 19. Time for reviewing public investment programs and projects

1. The time for reviewing public investment programs and projects without construction components shall be counted from the date the competent authority receives all valid documents as follows:

a) National Target Programs: Not exceeding 60 days;

b) Public Investment Programs (excluding National Target Programs): Not exceeding 45 days;

c) Group A Projects: Not exceeding 45 days;

d) Group B and C Projects: Not exceeding 30 days;

In case the documents are not valid or the contents in the feasibility study report of the program or project are inconsistent with the provisions of Article 44 of the Public Investment Law, within no more than ten days from the date of receiving the documents, the Review Board or the competent authority shall issue a written opinion to the agency submitting the review to supplement the documents or complete the contents of the feasibility study report of the program or project.

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

3. The internal review time shall be determined by the head of ministries, central agencies, and the Chairpersons of People's Committees at all levels.

4. In cases where it is necessary to extend the review time for programs and projects, the Review Board or the competent authority must report to the competent authority deciding the investment in the program or project to approve the extension of the review time. The extended time shall not exceed the corresponding review time stipulated in Clause 1 of this Article.

Article 20. Documents submitted to the competent authority for deciding on investment in programs and projects

1. Documents submitted to the competent authority for deciding on investment in programs and projects include:

a) The proposal for deciding on investment in programs and projects and the feasibility study report completed according to the review comments;

b) The decision on the investment orientation of the program or project by the competent authority;

c) The report on the review of the feasibility study report.

d) Other related documents (if any).

2. The number of documents submitted to the competent authority for deciding on investment in programs and projects as stipulated in Clause 1 of this Article is five sets of documents.

3. Documents submitted to the competent authority for deciding on investment in compensation, support, resettlement, and land clearance projects that are separated into independent projects under the Public Investment Law:

a) For projects with construction components, they shall be implemented in accordance with the laws on construction;

b) For projects without construction components, they shall be implemented in accordance with this Decree and other relevant laws;

c) Compensation, support, resettlement, and land clearance projects and remaining projects separated from national key projects and Group A projects as stipulated in Clause 1 of Article 5 of the Public Investment Law shall be classified in accordance with the classification of the project based on the investment orientation decision.

Article 21. Contents and time for deciding on Group A, B, and C public investment programs and projects

1. Decision on Group A, B, and C public investment programs and projects:

a) The decision on public investment programs shall include the main contents: objectives, scope, and scale; total capital and resource structure for implementing the program including the list of projects, balance of public investment funds, mobilization of other sources of funds and resources; capital allocation plan and implementation schedule of the program; related costs during the implementation process and operation costs after the program ends; component projects of the program; organizational implementation solutions;...

b) The decision on public investment projects without construction components shall include the main contents: Project name; investor; consulting organization for preparing the project (if any); project objectives, investment scale, implementation progress; location; technology design (if any); technical standards; total investment; source of funds and planned allocation of funds according to progress; form of project management applied;...

c) The decision on public investment projects with construction components shall be implemented in accordance with the laws on construction.

2. The time for deciding on investment in programs and projects shall be counted from the date the competent authority for deciding on investment receives all valid documents as follows:

a) Public investment programs: Not exceeding twenty days;

b) Group A project: Not exceeding fifteen days;

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

3. Within fifteen days from the date the competent authority for deciding on investment in programs and projects:

a) Ministries, central agencies, and localities managing programs and projects funded by the central budget shall submit the decisions on investment in programs and projects approved by the competent authority to the Ministry of Planning and Investment and the Ministry of Finance;

b) Agencies managing programs and projects funded by state budgets at all levels shall submit the decisions on investment in programs and projects approved by the competent authority to the Department of Planning and Investment, the Department of Finance, and specialized agencies managing investment at the same level.

Article 22. Procedures for establishing, reviewing, and deciding to adjust public investment programs and projects groups A, B, and C

1. The program owner and project investor shall be responsible for:

a) Organizing a comprehensive evaluation of the entire process of implementing the public investment program and project up to the time of proposing adjustments; reporting the results of evaluating the public investment program and project to the competent authority with decision-making power on investment;

b) Entrusting specialized agencies to prepare reports proposing adjustments to the public investment program and project. Reports proposing adjustments to the public investment program and project must clearly state the reasons for adjustment in accordance with the provisions of Article 43 of the Public Investment Law;

c) Conducting internal review of the adjustment of the public investment program and project;

d) Completing the report proposing adjustments to the public investment program and project for submission to the competent authority with decision-making power on adjustment.

In cases where adjustments increase the total investment amount of the project beyond the total investment amount already decided by the competent authority with decision-making power on investment policy, the procedures and formalities for adjusting the investment policy must be carried out according to the provisions of Article 34 of the Public Investment Law and Article 11 of this Decree before the competent authority decides to adjust the project.

2. Procedures for reviewing and deciding to adjust programs:

a) The procedures for reviewing and deciding to adjust national target programs shall be implemented according to the provisions of Clauses 2, 3, and 4 of Article 37 of the Public Investment Law;

b) The procedures for reviewing and deciding to adjust public investment programs decided by the Government on investment policy shall be implemented according to the provisions of Clauses 2 and 3 of Article 38 of the Public Investment Law;

c) The procedures for reviewing and deciding to adjust public investment programs decided by the People's Council on investment policy shall be implemented according to the provisions of Clauses 2 and 3 of Article 39 of the Public Investment Law.

3. Procedures for reviewing and deciding to adjust projects:

a) The procedures for reviewing and deciding to adjust projects without construction components shall be implemented according to the provisions of Clause 2 of Article 40 of the Public Investment Law;

b) The procedures for reviewing and deciding to adjust projects with construction components shall be implemented according to the laws on construction and other relevant laws.

Article 23. Documents, contents, and timeframes for reviewing adjustments to programs and projects

1. Documents submitted to the competent authority for deciding to adjust programs and projects include:

a) Petitions to the competent authority for deciding to adjust programs and projects, clearly stating the objectives and reasons for adjustment according to the provisions of Clauses 1 and 2 of Article 43 of the Public Investment Law;

b) Decisions on investment policies for programs and projects; decisions on adjusting investment policies for programs and projects (if applicable);

c) Decisions on investing in programs and projects; previous decisions on investing in adjusted programs and projects (if applicable);

d) Internal review reports proposing adjustments to programs and projects and other review reports as prescribed by law (if applicable);

đ) Review, inspection, and evaluation reports on the implementation of programs and projects according to the provisions of Clause 4 of Article 43 of the Public Investment Law;

e) Other related documents (if applicable).

2. The number of documents submitted to the competent authority for deciding to adjust investments in programs and projects shall comply with the provisions of Clause 3 of Article 18 of this Decree.

3. Contents of reviews for adjustments to national target programs and public investment programs include:

a) Compliance with legal regulations within the documents submitted for review;

b) Contents of the feasibility study report on the program as stipulated in Clause 1 of Article 44 of the Public Investment Law;

c) Compatibility with sources of funds and the ability to balance funds already reviewed by the competent authority; compatibility between the total investment capital of the program and the medium-term and annual public investment plans; structure of central government budget funds, local government budget funds, and other lawful sources of funds; the ability to recover capital and repay debt in cases of using borrowed funds;

d) Compliance with legal regulations on adjusting programs as stipulated in Clauses 1, 3, and 4 of Article 43 of the Public Investment Law and this Decree.

4. Contents of reviews for adjustments to public investment projects without construction components include:

a) Compliance with legal regulations within the documents submitted for review;

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

c) Contents of the feasibility study report on the project as stipulated in Clause 2 of Article 44 of the Public Investment Law;

d) Compatibility with sources of funds and the ability to balance funds already reviewed by the competent authority; compatibility between the total investment amount of the project and the balancing of funds in the medium-term and annual public investment plans; structure of investment funding, the ability to balance public investment funding, and the mobilization of other sources of funding and resources to implement the project; assessment of operating costs, maintenance, repair, and major repairs during the operation of the project;

đ) The ripple effects of the project on industry development, sectoral development, territorial regions, and localities; creation of additional tax revenue, job opportunities, income, and living standards for people; impacts on the environment and sustainable development;

e) Compliance with legal regulations on adjusting projects as stipulated in Clauses 2, 3, and 4 of Article 43 of the Public Investment Law.

5. Contents of reviews for adjustments to public investment projects with construction components shall be in accordance with the laws on construction, contents not covered in Clause 4 of this Article, and other relevant legal regulations.

6. Timeframes for reviewing adjustments to public investment projects shall comply with the provisions of Article 19 of this Decree.

Article 24. Content and time of decision to adjust programs and projects

1. The content of the decision to adjust programs and public investment projects includes adjustments corresponding to the contents of decisions on programs and projects as stipulated in Clause 1 of Article 21 of this Decree.

2. The time for making a decision to adjust programs and projects and the time for sending such decisions to agencies responsible for compiling medium-term and annual public investment plans shall be carried out in accordance with the provisions of Clauses 2 and 3 of Article 21 of this Decree.

Chapter IV
MANAGEMENT OF IMPLEMENTATION OF TASKS FOR PREPARATION INVESTMENT, PLANNING TASKS AND PUBLIC INVESTMENT PROJECTS WITHOUT CONSTRUCTION COMPONENT

Article 25. Organization for managing the implementation of tasks for preparation of investment, planning tasks, and public investment projects without construction component

1. The head of the agency authorized by the competent authority to establish the national master plan, the national marine space plan, the national land use plan, regional plans, and the head of the agency organizing the establishment of national sectoral plans and provincial plans shall decide on the form of organization for managing the implementation of planning tasks in accordance with management requirements and specific conditions of the tasks, such as: Management Board, hiring consulting management, units directly assigned to manage the task.

2. Costs for managing the implementation of planning tasks shall be implemented in accordance with the regulations on project management costs under the laws on construction.

3. The head of ministries, central agencies, and Chairpersons of People's Committees at all levels shall decide on the form of organization for managing the implementation of investment preparation tasks in accordance with management requirements, specific conditions of the tasks, and relevant specialized laws, such as: Management Board, hiring consulting management, units directly assigned to manage the task.

4. The person authorized to decide on investment in public investment projects without construction components under the Public Investment Law shall decide on the form of organization for managing the implementation of such projects in accordance with management requirements, specific conditions of the projects, and relevant specialized laws, such as: Project Management Board, hiring consulting project management, direct investor management.

5. For public investment projects without construction components using ODA funds or preferential loans from foreign sponsors, the form of organization for managing the project shall be carried out in accordance with 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 organization for managing the project shall be carried out in accordance with the provisions of Clause 4 of this Article.

6. For urgent public investment projects without construction components:

a) The competent authority deciding on investment in the project shall decide on the organization for managing the urgent project; supervise the implementation and acceptance handover of the completed project in accordance with the laws on public investment and other related laws;

b) The competent authority deciding on investment in the project may authorize the investor to decide and be responsible for organizing the implementation of the project from the project formulation stage to the completion and operation stage, and bear responsibility for such authorization.

Article 26. Project Design

1. The competent authority deciding on investment shall decide on the project design plan to ensure the effective management and implementation of the project. Specifically:

a) One-step design is detailed design, including documents expressed through descriptions, diagrams, contents of the design, and other technical requirements that need to be met;

b) Two-step design includes basic design and detailed design. Basic design includes documents expressed through descriptions and preliminary diagrams of infrastructure technical design and other contents ensuring the expression of the design plan. The subsequent design step must be consistent with the main contents and parameters of the design at the previous step.

2. The contents of the project design plan specified in Clause 1 of this Article shall be implemented in accordance with the relevant laws.

3. For projects without construction components using ODA funds or preferential loans from foreign sponsors, the number of design steps shall be applied according to 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 carried out in accordance with the provisions of Clause 1 of this Article.

Article 27. Contents and Determination of Total Investment Cost of the Project

1. The preliminary total investment cost of the project is an estimate of the project's investment costs determined in accordance with the contents of the feasibility study report for Group A projects, the proposal report for investment policy for Group B and C projects;

The preliminary total investment cost of the project is calculated based on the scale, capacity, or service capability of the project and the unit investment cost (if available) or data on the costs of similar projects in terms of type, scale, and nature of the project that have been or are being implemented, adjusted and supplemented with necessary additional costs.

2. The total investment cost of the project is the entire investment cost of the project determined specifically in accordance with the one-step design or two-step design as stipulated in Clause 1 of Article 26 of this Decree and other contents of the feasibility study report of the project;

The contents of the total investment cost of the project include: investment preparation costs; asset, house, land purchase costs; raw material, spare parts, machine detail, equipment costs; labor and wage costs; consulting costs; contingency costs for additional volume and price inflation; management costs and other cost components.

3. The contents of the costs of the total investment:

a) Investment preparation costs;

b) Asset, house, land purchase costs;

c) Raw material, spare part, machine detail costs for implementing projects;

d) Equipment costs including equipment and technology procurement costs, training and technology transfer costs (if applicable), installation, testing, calibration costs, and related costs;

đ) Labor and wage costs for implementing the project;

e) Transportation, insurance, tax, and other fees costs;

g) Consulting costs including survey consulting costs, feasibility study report preparation costs, investment policy 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 including costs for additional work volume and price inflation factors during the project implementation period;

i) Management costs and other cost components.

4. State management agencies in industries and fields shall specify standards, norms, detailed contents, and methods for determining costs as the basis for determining the total investment cost of projects under their management.

5. Methods for determining certain specific cost items in the total investment cost of the project are as follows:

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

b) Raw material, spare part, machine detail costs (if applicable) for implementing the project are calculated based on quantity, quality according to technical requirements and market prices;

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

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

đ) Transportation, insurance, tax, and other fees costs are calculated according to legal provisions and transportation rates;

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

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

h) Management costs and other costs are determined according to legal provisions and the characteristics and organizational management of the project.

Article 28. Content and determination of the project budget estimate

1. The project budget estimate is the total necessary costs to implement 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 prescribed in Clause 3 of Article 27 of this Decree.

3. The project budget estimate is determined based on calculating the costs prescribed in Clause 3 of Article 27 of this Decree at the time of preparing the project budget estimate and in accordance with the standards, norms, and methods issued by the competent authority.

Article 29. Authority to review and approve project design and budget estimate

1. For projects managed by ministries, central agencies, the functional unit assigned the task by the ministry or central agency shall organize the review of the project investment design and budget estimate and submit to the competent authority for investment decision approval for one-step design projects. The investor approves the detailed design and budget estimate for two-step design cases. The approval of the detailed design and budget estimate is carried out simultaneously, without separating the detailed design from the budget estimate.

2. For projects managed by provincial People's Committees, the functional unit assigned the task shall organize the review of the project investment design and budget estimate in coordination with the specialized management department and submit to the Chairman of the provincial People's Committee or the authorized agency for investment decision approval for one-step design projects. The investor approves the detailed design and budget estimate for two-step design cases. The approval of the detailed design and budget estimate is carried out simultaneously, without separating the detailed design from the budget estimate.

3. For projects managed by county-level or commune-level People's Committees and projects delegated or authorized by provincial People's Committees to decide on investment, the functional unit assigned the task under the county-level or commune-level People's Committee shall organize the review of the project investment design and budget estimate and submit to the Chairman of the same-level People's Committee for approval for one-step design projects. The investor approves the detailed design and budget estimate for two-step design cases. The approval of the detailed design and budget estimate is carried out simultaneously, without separating the detailed design from the budget estimate.

Article 30. Procedures, formalities, and time limits for reviewing project design and budget estimate

1. The investor sends the project design and budget estimate documents to the functional unit assigned the task for review in accordance with the provisions of Article 31 of this Decree.

2. The functional unit assigned the task for review shall take the lead and coordinate with relevant agencies to review the contents of the design and budget estimate in accordance with the provisions of Articles 26 and 28 of this Decree. During the review process, the leading review agency may invite organizations or individuals with relevant expertise and experience to participate in reviewing parts of the project investment design and budget estimate to assist in their review work.

3. The time limit for the functional unit assigned the task for review to complete the review of the project investment design and budget estimate, starting from the date of receiving all 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 31. Content of examination and approval of project design and budget

1. The content of examining project design and budget includes the contents prescribed in Articles 26 and 28 of this Decree and the contents prescribed in Clause 2 of this Article.

2. The content of approving project design and budget includes:

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

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) Investment budget of the project;

e) Requirements for completing and supplementing design documents and other contents (if any).

3. Time limit for approving project design and budget: The competent authority deciding to invest in the project shall approve the project design and budget from the date of receipt of complete and valid documents as follows:

a) For Group A projects: Not exceeding 15 days;

b) For Group B projects: Not exceeding 10 days;

c) For Group C projects: Not exceeding 5 days.

Article 32. Documents for Examining Project Design and Budget

1. Petition for examining project design.

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

3. Copy of the decision on the investment policy of the project (except for projects not required to approve the investment policy decision according to Clause 6, Article 18 of the Public Investment Law) and the investment decision of the project attached with the approved design documents.

4. Summary report of the project investor on the compliance of the design documents with the regulations.

5. Investment budget of the project.

Article 33. Acceptance and Commissioning of Projects for Operation

1. A project is put into operation when it has been fully invested 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 completed project may be handed over for operation and use.

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

4. Completed projects must undergo final settlement of the completed project according to the regulations.

5. Handover documents include: Completed project documents; user and operation guidelines; maintenance regulations.

6. Project investment documents must be submitted for storage in accordance with the laws on state archives.

Article 34. Completion of Project Investment

1. Project investment is considered completed when the project investor receives the handover of the entire project and the project has completed its warranty period according to the regulations.

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

Article 35. Operation of the Project

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

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

Chapter V
PREPARATION, EXAMINATION, APPROVAL AND HANDOVER OF MID-TERM AND ANNUAL INVESTMENT PLANS FROM LEGAL REVENUE SOURCES OF STATE ORGANIZATIONS AND PUBLIC ENTITIES FOR INVESTMENT

Article 36. Establishing medium-term investment plans with funds from legitimate revenues of state agencies and public service units designated for investment.

1. Based on the provisions of the Prime Minister and guidance of the Ministry of Planning and Investment as stipulated in Article 55 of the Public Investment Law, ministries, central agencies, and provincial People's Committees shall guide state agencies and public service units to establish medium-term investment plans using funds from legitimate revenues designated for investment, and report to the ministries, central agencies, and directly managing provincial People's Committees for consolidation and reporting to the Ministry of Planning and Investment and the Ministry of Finance for monitoring.

2. State agencies and public service units shall organize the establishment of medium-term investment plans with funds from legitimate revenues of state agencies and public service units designated for investment, including the following contents:

a) The implementation situation and results of the previous medium-term investment plan period;

b) Objectives and direction of investment structure in the next medium-term investment plan period;

c) The ability to mobilize and balance funds from legitimate revenues designated for investment of state agencies and public service units; the projected total investment capital required to achieve objectives and tasks, including capital for investment preparation activities, project implementation, repayment of advance payments, and repayment of maturing loans;

d) The total planned investment capital for medium-term investment of state agencies and public service units under their management authority, specifying the capital level for each central agency and public service unit;

đ) Principles and criteria for allocating capital in the medium-term investment plan;

e) A list of investment projects in priority order consistent with the capital balancing capacity and project implementation schedule;

g) Projected outcomes.

Article 37. Establishing, reviewing, approving, and assigning annual investment plans with funds from legitimate revenues of state agencies and public service units designated for investment.

1. Based on the provisions of the Prime Minister and guidance of the Ministry of Planning and Investment as stipulated in Article 56 of the Public Investment Law, ministries, central agencies, and provincial People's Committees shall guide state agencies and public service units to establish annual investment plans using funds from legitimate revenues designated for investment, and submit them to the ministries, central agencies, and directly managing People's Committees at various levels for consideration and decision. The content of the annual investment plan report using funds from legitimate revenues designated for investment is regulated in Article 50 of the Public Investment Law.

Ministries, central agencies, and provincial People's Committees are responsible for consolidating annual investment plans with funds from legitimate revenues of state agencies and public service units designated for investment, and sending them to the Ministry of Planning and Investment and the Ministry of Finance before July 31 of the year preceding the planning year for monitoring.

2. The heads of ministries, central agencies, and People's Committees at all levels shall establish a Review Board or entrust specialized agencies managing public investment to review the annual investment plan reports of state agencies and public service units.

3. Based on the review opinions as stipulated in Clause 2 of this Article, state agencies and public service units shall perfect their annual investment plan reports; and submit them to the ministries, central agencies, and People's Committees at various levels for consideration and decision.

4. The heads of ministries, central agencies, and Chairpersons of People's Committees at all levels shall decide to approve and assign annual investment plans with funds from legitimate revenues designated for investment of state agencies and public service units, including the total capital amount and list of investment projects; and decide to adjust the annual investment plan when necessary, ensuring consistency with actual capabilities according to laws on public investment and related laws.

5. Ministries, central agencies, and provincial People's Committees shall consolidate detailed allocation schemes for annual investment plans with funds from legitimate revenues of state agencies and public service units designated for investment, and send them to the Ministry of Planning and Investment and the Ministry of Finance before December 31 of the year preceding the planning year.

Chapter VI
PROCEDURES FOR IMPLEMENTING INVESTMENTS FOR INTEREST SUBSIDY OBJECTIVES, LOAN FACILITIES; CAPITAL ALLOCATIONS TO POLICY BANKS, STATE FINANCIAL FUNDS OUTSIDE THE BUDGET; SUPPORTING INVESTMENTS FOR OTHER POLICY OBJECTIVES AS DECIDED BY THE PRIME MINISTER

Article 38. Procedures and formalities for implementing medium-term state investment capital injection, interest rate subsidy for preferential credit, and management fees for policy banks

1. Contents of the report on the medium-term state investment plan for capital injection, interest rate subsidy for preferential credit, and management fees for policy banks:

a) The situation of implementation and results of the previous phase's credit investment capital and policy credit capital of policy banks;

b) Economic and social development goals; orientation for development, policy credit programs assigned by the State, medium-term development strategy of policy banks, and anticipated preferential credit plans for the next phase;

c) Ability to mobilize capital and balance sources to implement medium-term credit investment capital and policy credit capital;

d) Total planned medium-term state investment capital from the State budget including capital injection, interest rate subsidy for preferential credit, and management fees for policy banks in the previous phase;

đ) Principles and criteria for allocating medium-term state investment capital for capital injection, interest rate subsidy for preferential credit, and management fees;

e) Tasks of implementing credit investment and policy credit assigned by the State in the medium term, consistent with the ability to balance public investment capital and the ability to mobilize other legitimate sources of capital to achieve objectives and tasks;

g) Management solutions, organization of implementation, and expected outcomes.

2. Policy banks shall compile the anticipated medium-term state investment plan for capital injection, interest rate subsidy for preferential credit, and management fees according to the contents stipulated in Clause 1 of this Article, and submit it to the Ministry of Planning and Investment and the Ministry of Finance.

3. The procedures for establishing, reviewing, approving, and assigning the medium-term state investment plan for capital injection, interest rate subsidy for preferential credit, and management fees for policy banks shall be carried out in accordance with the provisions of Clauses 8 and 9 of Article 55 and Article 60 of the Law on Public Investment.

Article 39. Procedures and formalities for implementing the annual state investment plan for capital injection, interest rate subsidy for preferential credit, and management fees for policy banks

1. Contents of the report on the annual state investment plan for capital injection, interest rate subsidy for preferential credit, and management fees for policy banks:

a) The situation and results of implementing the previous year's credit investment capital and policy credit capital of policy banks;

b) Implementation situation of the previous year's state investment plan of policy banks;

c) Medium-term state investment plan for capital injection, interest rate subsidy for preferential credit, and management fees for policy banks;

d) Orientation and development strategy of policy banks in the planning year;

đ) Anticipated preferential credit capital plan;

e) Tasks to be implemented in the planning year, consistent with the ability to balance public investment capital and the ability to mobilize other legitimate sources of capital;

g) Demand for State budget capital in the planning year;

h) Management solutions, organization of implementation, and anticipated outcomes.

2. Policy banks shall compile the anticipated annual state investment plan for capital injection, interest rate subsidy for preferential credit, and management fees according to the contents stipulated in Clause 1 of this Article, and submit it to the Ministry of Planning and Investment and the Ministry of Finance.

3. The procedures for establishing, reviewing, approving, and assigning the annual state investment plan for capital injection, interest rate subsidy for preferential credit, and management fees for policy banks shall be carried out in accordance with the provisions of Articles 56 and 61 of the Law on Public Investment.

Article 40. Interest Subsidy for Commercial Banks

1. The State Bank shall be responsible for compiling the interest subsidy requirements of commercial banks implementing policies decided by competent authorities within the medium-term and annual public investment plans, prepare reports, and submit them to the Ministry of Planning and Investment and the Ministry of Finance.

2. The procedures for preparing and reviewing medium-term and annual public investment plans shall be carried out according to the provisions of Articles 55 and 56 of the Public Investment Law, as reported by the State Bank.

Article 41. Procedures for Implementing Medium-Term Capital Subscription Plans for National Financial Funds Outside the Budget

1. Contents of the report on medium-term capital subscription plans for national financial funds outside the budget:

a) The situation of implementation and results of managing and using subscribed capital at national financial funds outside the budget in the previous period;

b) Orientation, objectives, strategic tasks, economic and social development plans, industry and sector development plans related to the funds;

c) Scale of subscribed capital of the funds, assessment of the necessity for subscribed capital at national financial funds outside the budget;

d) Estimated total amount and structure of resources, mobilization of other legitimate sources of capital to subscribe capital for national financial funds outside the budget;

đ) Preliminary analysis and evaluation of impacts and effects on industries and sectors when subscribed capital is provided, calculation of economic and social benefits;

e) Implementation solutions and expected outcomes.

2. Procedures for preparing the report on medium-term capital subscription plans for national financial funds outside the budget:

a) Based on the Prime Minister's regulations and guidelines of the Ministry of Planning and Investment as stipulated in Article 55 of the Public Investment Law, national financial funds outside the budget shall prepare medium-term capital subscription plans for public investment, report to the specialized agencies managing public investment of ministries, central agencies, and localities assigned as the main management units of national financial funds outside the budget for review;

b) Specialized agencies managing public investment of ministries, central agencies, and localities shall be responsible for completing the report on medium-term capital subscription plans for public investment for subordinate national financial funds outside the budget according to the contents specified in Clause 1 of this Article, aggregate into the medium-term public investment plans of ministries, central agencies, and localities, and submit to the Ministry of Planning and Investment and the Ministry of Finance.

3. Procedures for preparing and reviewing medium-term capital subscription plans for national financial funds outside the budget shall be implemented according to the provisions of Article 55 of the Public Investment Law.

Article 42. Procedures for Implementing Annual Capital Subscription Plans for National Financial Funds Outside the Budget

1. Contents of the report on annual capital subscription plans for national financial funds outside the budget:

a) The situation and results of managing and using subscribed capital in the previous year of national financial funds outside the budget;

b) Orientation for providing subscribed capital in the planned year, capital subscription needs of national financial funds outside the budget;

c) Estimated total amount and structure of resources, mobilization of other legitimate sources of capital to provide subscribed capital;

d) Preliminary analysis and evaluation of impacts and effects on industries and sectors when subscribed capital is provided, calculation of investment effectiveness from an economic and social perspective;

đ) Management and organizational implementation solutions and expected outcomes.

2. Procedures for preparing the report on implementing annual capital subscription plans for national financial funds outside the budget:

a) Based on the approved medium-term investment plan, the Prime Minister's regulations, and guidelines of the Ministry of Planning and Investment as stipulated in Article 56 of the Public Investment Law, national financial funds outside the budget shall prepare annual capital subscription plans for public investment, report to the specialized agencies managing public investment of ministries, central agencies, and localities assigned as the main management units of national financial funds outside the budget for review;

b) Specialized agencies managing public investment of ministries, central agencies, and localities shall be responsible for completing the report on annual capital subscription plans for public investment for subordinate national financial funds outside the budget according to the contents specified in Clause 1 of this Article, aggregate into the annual public investment plans of ministries, central agencies, and localities, and submit to the Ministry of Planning and Investment and the Ministry of Finance.

3. Procedures for preparing and reviewing annual capital subscription plans for national financial funds outside the budget shall be implemented according to the provisions of Article 56 of the Public Investment Law.

Article 43. Support for investment for other policy beneficiaries according to the Prime Minister's decision

1. Based on the tasks assigned by the competent authority, ministries, central agencies, and localities organize the establishment, review, and submission to the Prime Minister for issuance of policy decisions, including mechanisms for supporting the use of public investment capital for policy beneficiaries.

2. The procedures for establishing and reviewing reports on medium-term and annual public investment plans for investment support for policy beneficiaries according to the Prime Minister's decision:

a) In accordance with the Prime Minister's regulations and the guidelines of the Ministry of Planning and Investment as stipulated in Articles 55 and 56 of the Public Investment Law, the leading agency implementing the policy shall establish medium-term and annual public investment plans for investment support for policy beneficiaries according to the Prime Minister's decision, report to the competent authority for consideration, and propose medium-term and annual public investment plans; send them to the Ministry of Planning and Investment and the Ministry of Finance.

b) The procedures for establishing and reviewing medium-term and annual public investment plans for investment support for policy beneficiaries according to the Prime Minister's decision shall be carried out in accordance with the provisions of Articles 55 and 56 of the Public Investment Law.

Chapter VII
IMPLEMENTATION, MONITORING, AND INSPECTION, EVALUATION OF PUBLIC INVESTMENT PLANS

Article 44. Responsibilities, authorities, and measures for organizing and managing public investment plans

1. Ministries, central agencies, and localities are responsible for completing detailed allocations of annual state budget public investment capital plans, project lists, and funding levels for subordinate agencies and lower-level People's Councils before December 31 of the year preceding the plan year; report the results of detailed allocation of the plan to the Ministry of Planning and Investment and the Ministry of Finance before January 10 of the plan year.

2. The Ministry of Planning and Investment shall review reports on the allocation of state budget public investment capital plans of ministries, central agencies, and localities. If discrepancies are found in the total amount and detailed allocation by sector and task of the state budget public investment capital plan already assigned, and if requirements under public investment laws are not met, it shall provide written comments to ministries, central agencies, and localities within 15 days from the date of receipt of their allocation reports, simultaneously sending these comments to the Ministry of Finance and the State Treasury for expenditure control.

3. In cases where ministries, central agencies, and localities do not fully allocate the planned capital, the Ministry of Planning and Investment shall be responsible for compiling, reporting to the competent authority for consideration and decision on recovery and reallocation of unallocated funds to other ministries, central agencies, and localities with needs before June 30 of the plan year.

4. The heads of ministries, central agencies, and localities are responsible for directing and managing measures to accelerate the disbursement progress of annual public investment capital plans, ensuring full disbursement of allocated capital according to the Public Investment Law.

In cases where ministries, central agencies, and localities have not fully disbursed the annual public investment capital plan by January 31 of the following year, without any force majeure circumstances allowing for extended implementation and disbursement periods as provided for in this Decree, the Ministry of Planning and Investment shall be responsible for compiling and reporting to the competent authority for consideration and decision on reducing the medium-term public investment capital plan from the central budget for the corresponding ministries, central agencies, and localities equivalent to the unspent capital, which cannot be extended and will be canceled according to the State Budget Law.

5. During the management of the medium-term public investment plan, the competent authority may consider and decide on the allocation of funds from reserve sources, increased revenue, cost savings, and annual budget surpluses to implement public investment projects. Before July 31 of the fifth year of the medium-term public investment plan, the Ministry of Planning and Investment shall lead the compilation of the use of state budget funds allocated from reserve sources, increased revenue, cost savings, and annual budget surpluses to implement public investment projects during the period of the medium-term public investment plan to report to the Government.

Article 45. Report on the Implementation and Disbursement of Public Investment Plans

1. Ministries, central agencies, and provincial People's Committees shall submit detailed reports on the implementation and disbursement of medium-term and annual public investment plans to the Ministry of Planning and Investment and the Ministry of Finance as follows:

a) Before July 31 of the third year of the medium-term public investment plan, report on the mid-term situation of the implementation and disbursement of the medium-term public investment plan up to the end of the second quarter of the third year of the medium-term public investment plan;

b) Before July 31 of the fifth year of the medium-term public investment plan, report on the estimated situation of the implementation and disbursement of the medium-term public investment plan up to the end of the final year of the medium-term public investment plan before July 31 of the fifth year of the medium-term public investment plan;

c) Situation of the implementation and disbursement of annual public investment plans:

- Before the 15th day of each month, report on the estimated monthly disbursement and the results of the previous month's disbursement;

- Before the 10th day of the first month of each quarter, report on the results of the previous quarter's disbursement;

- Before July 10 of the planning year, report on the cumulative detailed disbursement of projects for the first six months of the year;

- Before February 28 of the year following the planning year, report on the actual detailed disbursement of projects for the entire planning year and the capital of projects permitted to extend the implementation and disbursement period into the year following the planning year;

For the public investment capital plan under national target programs, only report according to the total amount of each source of capital for each program;

d) The situation of adjusting the annual public investment plan from the state budget within ministries, central agencies, and localities immediately after the adjustment decision is made;

đ) Other information serving the preparation, monitoring, and evaluation of the medium-term and annual national public investment plans of ministries, central agencies, and localities;

e) The Ministry of Finance shall stipulate the reporting system and forms for reporting the situation of the implementation and disbursement of medium-term and annual public investment capital plans.

2. The Ministry of Finance shall regularly report to the Prime Minister and simultaneously send to the Ministry of Planning and Investment:

a) Monthly, quarterly, annually, mid-term, and over a five-year period, report on the disbursement of the medium-term and annual state budget public investment plans;

b) Regularly every six months, annually, mid-term, and over a five-year period, report in detail on the disbursement of investment project plans using central government funds. For the public investment capital plan under national target programs, only report according to the total capital of each program.

3. The Ministry of Finance and the Ministry of Planning and Investment shall organize the public disclosure of information on the monthly disbursement of public investment capital plans from the state budget of ministries, central agencies, and localities through mass media.

4. The reporting of the implementation of medium-term and annual public investment plans at all levels and sectors in localities shall be carried out in accordance with the following provisions:

a) The specialized agency managing public investment projects of the provincial People's Committee shall issue regulations on reporting, providing information, and the time for reporting the medium-term and annual public investment plans of departments, branches, and lower-level People's Committees in accordance with the tracking and evaluation regulations of the medium-term and annual public investment plans, programs, and projects under the Law on Public Investment, this Decree, and the management and operation requirements of the public investment plan of the locality;

b) Departments, branches, and lower-level People's Committees shall implement the reporting and information provision system as prescribed in point a of this clause.

Article 46. Procedures for Adjusting the Medium-Term and Annual State Budget Investment Plans

1. The head of ministries, central agencies, and provincial People's Committees shall base on necessity and requirements regarding the progress and disbursement of projects to instruct specialized agencies managing public investment to review and propose adjustment plans for the medium-term and annual state budget investment plans of their respective agencies or localities, and submit them to the competent authority for decision-making in accordance with Article 67 of the Public Investment Law.

2. At all levels, People's Committees shall base on necessity and requirements regarding the progress and disbursement of projects to instruct specialized agencies managing public investment to review and propose adjustment plans for the medium-term and annual local state budget investment plans, and submit them to the competent authority for decision-making in accordance with Article 67 of the Public Investment Law.

3. The time for adjusting the annual state budget investment plan among projects within ministries, central agencies, and localities shall be before November 15 of the planning year.

Article 47. Advance Disbursement of Investment Plan Funds

1. In cases of urgent need for funds to expedite project implementation, ministries, central agencies, and localities shall report to the competent authority as prescribed by the State Budget Law to request advance disbursement of the next year's investment plan funds for implementing public investment projects included in the approved medium-term investment plan.

2. The amount of advanced disbursement from the next year's budget estimate shall comply with the regulations of the State Budget Law and shall not exceed the total planned capital for the medium-term period allocated to the project.

Article 48. Extension of Implementation and Disbursement Time for Annual State Budget Investment Plans

1. The Prime Minister decides for central state budget funds, while the Provincial People's Council decides for local state budget funds to allow extension of the implementation and disbursement time for annual public investment plans up to December 31 of the following year in the following cases:

a) National key projects;

b) Projects for compensation, support, resettlement, and land clearance;

c) Projects scheduled to be completed and put into operation in the planning year but without allocation of funds in the following year's plan;

d) Projects supplemented in the investment plan from increased revenue, savings, surplus, and contingency reserve of the state budget but not yet permitted by the competent authority to disburse in the following year;

đ) Projects delayed due to natural disasters, catastrophes, epidemics, or unforeseeable and unavoidable external factors despite the application of all necessary measures;

e) Projects of representative offices and other Vietnamese agencies abroad;

g) Ministries, central agencies, and localities having only one project in the planning year or unable to adjust the plan.

2. Based on proposals for extending the implementation and disbursement time for central state budget funds from ministries, central agencies, and localities, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to report and recommend to the Prime Minister for consideration and decision.

Article 49. Principles for monitoring and evaluating the state investment plan

1. Principles for monitoring the state investment plan:

a) Systematically monitor and update information and data related to the organization and implementation of the state investment plan, including tracking programs and projects within the approved state investment plan;

b) Ensure accurate, comprehensive, and truthful reflection of information, data, and the situation and results of implementing the state investment plan.

2. Principles for evaluating the state investment plan:

a) Base on the objectives and tasks of the state investment plan approved by the competent authority;

b) Evaluate the economic and social effectiveness according to the goals set out in the decision on the policy orientation and investment decision of the program and project;

c) Ensure objectivity, transparency, and enhance accountability in the evaluation of the state investment plan;

d) Closely coordinate with the Vietnam Fatherland Front at all levels and the community in evaluating the implementation of the state investment plan.

Article 50. Monitoring, inspection, and evaluation of the implementation of the state investment plan

1. Monitoring and inspecting the implementation of the state investment plan:

a) Monitor and inspect the establishment, review, approval, allocation, and implementation of the state investment plan in accordance with Article 69 of the Law on State Investment;

b) The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to guide ministries, central agencies, and localities in monitoring and inspecting the medium-term and annual state investment plans in accordance with laws on state investment;

c) Ministries and central agencies shall organize monitoring of the implementation of medium-term and annual state investment plans based on guidance from the Ministry of Planning and Investment, including detailed information on the implementation and disbursement of investment projects under their management;

d) Provincial People's Committees shall organize and guide departments, branches, and lower-level People's Committees in monitoring the implementation of medium-term and annual state investment plans based on guidance from the Ministry of Planning and Investment, including detailed information on the implementation and disbursement of investment projects under their jurisdiction;

e) The Ministry of Finance shall monitor and aggregate the disbursement status of investment projects using state budget funds.

2. Evaluating the implementation of the state investment plan:

a) Ministries, central agencies, and provincial People's Committees shall evaluate the implementation of medium-term and annual state investment plans in accordance with Article 70 of the Law on State Investment; regularly submit reports on the implementation status, achievements, shortcomings, and limitations of medium-term and annual state investment plans to the Ministry of Planning and Investment;

b) The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to report to the Prime Minister on the following contents: Evaluation of the implementation of the medium-term state investment plan halfway through the plan (in the third year), and at the end of the plan period; evaluation of the implementation of the annual state investment plan by September each year and before March 31 of the following year;

c) Local People's Committees shall organize evaluations of the implementation of the state investment plan in accordance with guidance from the Ministry of Planning and Investment and provincial People's Committees.

Article 51. National Information System and Database on Public Investment

1. Common Provisions:

a) Information and data collected and stored in the national database on public investment are original information, data, and documents of public investment programs and projects. In cases where paper records and those on the System differ, the information on the System shall serve as the basis for establishing, reviewing, allocating, and annual mid-term public investment plans;

b) Public investment projects shall not be disbursed if they do not have a list and allocation figures for annual plans on the System;

c) Organizations and individuals using the System shall be responsible for the accuracy of the data reported and updated on the System by agencies;

d) Organizations and individuals using the System must use the Government-specific digital signature when submitting reports on the System;

đ) The provisions of this Article shall not apply to projects with State secrets requirements.

2. Provisions on Account Usage:

a) Accounts for usage are centrally managed on the System built by the Ministry of Planning and Investment;

b) Organizations and individuals participating in or related to public investment activities, management, and utilization of public investment capital may register accounts for usage on the System. The Ministry of Planning and Investment will issue accounts based on registration information and the functions and responsibilities of organizations and individuals participating in the System;

c) Ministries, central agencies, and localities will be issued accounts for usage on the System to monitor and update information related to their public investment programs, projects, and plans;

d) Registration of accounts shall be conducted online on the System at the address https://taikhoan.mpi.gov.vn. Mandatory information to be updated during account registration includes:

- Information of the person assigned to manage and use the account: Full name; ID card number/citizen identification card number; mobile phone number; email;

- Information of the agency using the account: Agency name; information of the agency head: Full name, ID card number/citizen identification card number, mobile phone number, email; scanned copy of the establishment decision of the agency;

đ) The main account of ministries, central agencies, and localities shall be used to verify the registration information of management agencies, project sponsors, and project management boards under their jurisdiction;

e) Users must change the initial password within one day from receiving the account. Do not disclose the password to others who are not responsible for updating on the System. If there is a change in the user of the account, the person taking over the account must change the password and update the information of the account manager and user on the System.

3. Procedures and Formalities to be Conducted on the System Include:

a) Establishing, reviewing, allocating, and adjusting mid-term public investment plans;

b) Establishing, allocating, and adjusting annual public investment plans;

c) Reporting on the implementation status of public investment plans;

d) Monitoring, evaluating public investment programs and projects;

đ) Managing, storing, and publicly disclosing data in accordance with regulations.

4. Provisions on Establishing, Reviewing, and Allocating Mid-Term Central Budget Public Investment Plans on the System

a) The Ministry of Planning and Investment shall notify the total amount of expected public investment capital of ministries, central agencies, and localities to serve as the basis for reviewing funding sources and financial balance capacity, deciding on investment program and project policies for subsequent phases as stipulated in Clause 2, Article 55 of the Public Investment Law on the System;

b) Ministries, central agencies, and provincial People's Committees shall establish and complete mid-term public investment plans according to Clause 4, 5, Article 55 of the Public Investment Law and send them to the Ministry of Planning and Investment on the System;

c) By the end of January 31 of the fifth year of the previous mid-term public investment plan phase, based on the data sent by ministries, central agencies, and localities on the System, the Ministry of Planning and Investment shall close the System to review the allocation plan for mid-term central budget public investment capital of ministries, central agencies, and localities according to regulations. During the review process, data will be returned to ministries, central agencies, and localities to improve and resubmit to the Ministry of Planning and Investment on the System;

d) Based on the review opinions of the Ministry of Planning and Investment, ministries, central agencies, and localities shall perfect their mid-term public investment plans for the next phase and resubmit them to the Ministry of Planning and Investment on the System;

đ) Based on the completed plans of ministries, central agencies, and localities on the System, the Ministry of Planning and Investment shall compile the national mid-term public investment plan and report it to the Government;

e) The Ministry of Planning and Investment shall be responsible for notifying ministries, central agencies, and localities of the mid-term public investment plan after it has been assigned by the Prime Minister on the System.

5. Provisions on Allocating Mid-Term Local Budget Public Investment Plans on the System

All levels of People's Committees shall be responsible for instructing specialized agencies managing public investment under their jurisdiction to update the project list and capital amounts on the System within 14 days from the date of allocating mid-term local budget public investment plans.

6. Provisions on Adjusting Mid-Term Central Budget Public Investment Plans on the System:

a) When there is a need to adjust mid-term central budget public investment plans, ministries, central agencies, and localities shall report on implementation status, update adjustment proposals, and submit them to the Ministry of Planning and Investment on the System;

b) The Ministry of Planning and Investment shall review the adjustment plan for mid-term central budget public investment capital of ministries, central agencies, and localities on the System to report to the competent authority for consideration and decision;

c) After the competent authority decides on the adjustment of mid-term central budget public investment plans of ministries, central agencies, and localities, the Ministry of Planning and Investment shall be responsible for notifying and updating the adjusted data on the System.

7. Provisions on Adjusting Mid-Term Local Budget Public Investment Plans on the System

At all levels, the People's Committees are responsible for assigning specialized agencies under their management to update the content of adjustments to the mid-term public investment plan funded by the local budget on the System within seven days from the date of the adjustment decision.

8. Provisions on the preparation and allocation of annual public investment plans funded by the central government budget on the System

a) The Ministry of Planning and Investment shall announce the anticipated amount of development investment funds from the central government budget to be allocated to ministries, central agencies, and localities for the next year's plan according to Clause 7, Article 56 of the Public Investment Law on the System;

b) Ministries, central agencies, and localities shall prepare annual public investment plans according to Clauses 6 and 8, Article 56 of the Public Investment Law on the System;

c) Based on the detailed allocation plan for the central government budget investment capital for the following year, the list, and the level of capital allocated to each project of ministries, central agencies, and localities, the Ministry of Planning and Investment shall consolidate and report to the Government and monitor the implementation on the System.

9. Provisions on the preparation and allocation of annual public investment plans funded by the local government budget on the System

Based on the annual public investment plan funded by the local government budget approved by the competent authority, at all levels, the People's Committees are responsible for implementing the preparation and allocation of annual public investment plans funded by the local government budget on the System.

10. Provisions on the adjustment of annual public investment plans funded by the central government budget on the System

a) In cases where the adjustment of the annual public investment plan funded by the central government budget falls within the authority of the head of a ministry, central agency, or provincial People's Committee: After making the decision to adjust the public investment plan, ministries, central agencies, and localities shall update the adjusted data on the System within seven days from the date of the adjustment decision;

b) In cases where the adjustment of the annual public investment plan funded by the central government budget falls within the authority of the National Assembly or the Standing Committee of the National Assembly:

- When there is a need to adjust the public investment plan, ministries, central agencies, and localities shall report on the implementation situation, update the adjustment proposals, and send them to the Ministry of Planning and Investment on the System;

- The Ministry of Planning and Investment shall consolidate the proposed adjustment plans for the public investment of ministries, central agencies, and localities on the System to report to the competent authority for consideration and decision;

- After the competent authority makes the decision to adjust the public investment plan of ministries, central agencies, and localities, the Ministry of Planning and Investment shall be responsible for announcing and updating the adjusted data on the System.

11. Provisions on the adjustment of annual public investment plans funded by the local government budget on the System

At all levels, the People's Committees are responsible for assigning specialized agencies under their management to update the content of adjustments to the annual public investment plan funded by the local government budget on the System within seven days from the date of the adjustment decision.

12. Reporting on the Implementation of Public Investment Plans

a) Project sponsors using state budget funds for public investment projects shall report the budget unit code of the project (for projects that have been assigned codes but not yet updated on the System), the implementation figures and disbursement of the project's plan for the month (from the 15th day of the previous month to the 14th day of the reporting month), color scans of relevant project documents including the investment policy decision, investment decision, and adjusted investment decision (if not yet updated on the System or if there is a new decision) for each project before the 18th day of the reporting month;

b) On the 22nd day of each month, ministries, central agencies, and localities shall report on the System the consolidated figures of implementation and disbursement of the state budget-funded public investment plan (from the 15th day of the previous month to the 14th day of the reporting month) of ministries, central agencies, and localities by each source of funding, assess the progress of implementing and disbursing the state budget-funded public investment plan, analyze the achievements made, remaining issues, difficulties, challenges, causes, and propose solutions.

13. Sharing and Synchronizing Data

a) The Ministry of Planning and Investment shall be responsible for sharing and synchronizing information about allocated public investment plans on the System with the TABMIS System or other applications of the Ministry of Finance to provide mid-term and annual public investment capital plans for projects controlled and settled through the State Treasury, thereby supporting the State Treasury's expenditure control;

b) The Ministry of Finance shall be responsible for sharing and synchronizing information about the disbursement of each investment project controlled and settled through the State Treasury on the TABMIS System or other applications of the Ministry of Finance and the System of the Ministry of Planning and Investment to serve as a basis for reporting on the implementation of public investment plans by ministries, central agencies, and localities.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 52. Transitional Provisions

1. A project that has been approved for investment decision and uses sources of capital other than public investment capital, if it switches to using public investment capital to implement, must proceed with approval of the investment orientation decision and re-approval of the investment decision in accordance with the Public Investment Law and related laws.

2. Projects that have been assigned investment plans from legitimate revenue sources of state agencies and public service units shall continue to be implemented according to the assigned plans. Projects that completed the procedures for preparation and review before the Public Investment Law No. 39/2019/QH14 took effect shall be implemented in accordance with Clause 3, Article 101 of the Public Investment Law No. 39/2019/QH14.

3. For the medium-term investment plan for the period 2016-2020 and the year 2020 from legitimate revenue sources of state agencies and public service units designated for investment, the procedures for preparation, review, decision-making, adjustment of investment orientation decisions; preparation, review, decision-making, adjustment of investment decisions for programs and projects; preparation, review, approval, assignment, and adjustment of medium-term and annual capital plans shall be carried out in accordance with the Public Investment Law No. 39/2019/QH14 and this Decree.

Article 53. Effective Date

1. This Decree takes effect from the date of issuance.

2. For projects without construction components, the procedures for preparation, review, approval, and organization of implementation shall be carried out in accordance with this Decree and relevant specialized laws.

3. Abolish the provisions at Clause 2, Article 6, Article 46, and Article 47 of Government Decree No. 73/2019/NĐ-CP dated September 5, 2019 on management of investment in information technology applications using state budget funds.

4. For projects in the field of information technology using state budget funds, the procedures, steps, documentation for preparation, review, decision-making on investment, and organization of implementation shall be carried out in accordance with Government Decree No. 73/2019/NĐ-CP dated September 5, 2019 on management of investment in information technology applications using state budget funds. In cases where there are different regulations on the same matter, the regulations of the Government on management and use of Official Development Assistance (ODA) and concessional loans from foreign donors shall apply.

5. For programs and projects using ODA and concessional loans from foreign donors, the provisions of this Decree and the Government's regulations on management and use of ODA and concessional loans from foreign donors shall apply. Where there are different regulations on the same matter, the Government's regulations on management and use of ODA and concessional loans from foreign donors shall apply.

6. The provisions of this Decree shall not apply to the subjects specified in Clauses 3 and 5 of Article 101 of the Public Investment Law No. 39/2019/QH14.

Article 54. Responsibility for Enforcement

1. The Ministry of Planning and Investment shall provide guidance on the implementation of the provisions stipulated in Article 51 of this Decree.

2. The Minister, Heads of ministerial-level agencies, Heads of other central agencies, Chairpersons of People's Councils of provinces and centrally-administered cities, and Heads of relevant agencies and units shall be responsible for implementing this Decree./.