Law on Public Investment No. 49/2014/QH13

LAW

Public Investmentg

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Public Investment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the management and utilization of public investment capital; state management of public investment; rights, obligations, and responsibilities of agencies, units, organizations, and individuals related to public investment activities.

Article 2. Applicability

This Law applies to agencies, organizations, and individuals participating in or related to public investment activities, the management and utilization of public investment capital.

Article 3. Application of the Law on Public Investment, International Treaties, and International Agreements

1. Management and utilization of public investment capital, public investment activities must comply with the provisions of this Law and other relevant laws.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Law, the provisions of such international treaties shall apply.

3. Implementation of public investment programs and projects abroad must comply with the provisions of international treaties to which the Socialist Republic of Vietnam is a party and international agreements between the Vietnamese side and the foreign side.

Article 4. Definitions

In this Law, the following terms shall be understood as follows:

1. Proposal Report on Investment Policy is a document presenting preliminary research contents on the necessity, feasibility, and effectiveness of public investment programs, group B and group C projects as the basis for competent authorities to decide on investment policy.

2. Preliminary Feasibility Study Report is a document presenting preliminary research contents on the necessity, feasibility, and effectiveness of national key projects and group A projects as the basis for competent authorities to decide on investment policy.

3. Feasibility Study Report is a document presenting research contents on the necessity, degree of feasibility, and effectiveness of public investment programs and projects as the basis for competent authorities to decide on investment.

4. Ministries, sectors, and localities are agencies assigned public investment plans by the Prime Minister, including:

a) Central agencies of political organizations, Supreme People's Procuracy, Supreme People's Court, State Audit Agency, Office of the President, Office of the National Assembly, ministries, ministerial-level agencies, agencies under the Government (hereinafter referred to as ministries, central agencies);

b) Provincial People's Committees, municipal people's committees directly under the central government (hereinafter referred to as provincial people's committees);

c) Central agencies of the Vietnam Fatherland Front and political-social organizations;

d) Other agencies and organizations assigned public investment plans.

5. Program Director is an agency or organization entrusted to manage public investment programs.

6. Project sponsors is an agency or organization entrusted to manage public investment projects.

7. Public Investment Program is a set of objectives, tasks, and solutions aimed at implementing economic and social development goals.

8. Target Program is a public investment program aimed at implementing one or more specific targets in each sector or in certain territories during specific periods.

9. National Target Program is a public investment program aimed at implementing economic and social development goals during specific periods throughout the country.

10. Managing Authority is the ministries, sectors, and localities specified in Clause 4 of this Article, agencies of political organizations, and agencies of the National Assembly managing programs and projects.

11. Specialized Agency for Public Investment Management is a unit with the function of managing public investment under the Ministry of Planning and Investment; units entrusted with public investment management of central agencies, the Vietnam Fatherland Front, political-social organizations, and other agencies and organizations assigned public investment plans; Departments of Planning and Investment; departments, offices with the function of managing public investment under district and commune people's committees.

12. State Management Agency for Public Investment includes the Government, the Ministry of Planning and Investment, People's Committees at all levels.

13. Public Investment Project is an investment project using all or part of public investment capital.

14. Emergency Project is an investment project implemented based on a decision of the competent authority to promptly address natural disasters and other force majeure situations.

15. Public Investment is the State's investment activity in infrastructure construction programs and projects and investment in programs and projects serving economic and social development.

16. Public-Private Partnership Investment is investment carried out based on a contract between a competent state agency and an investor, project enterprise to implement, manage, and operate infrastructure projects, provide public services.

17. Public Investment Activities include proposing, appraising, deciding on investment policies; proposing, appraising, deciding on public investment programs and projects; proposing, appraising, approving, allocating, implementing public investment plans; managing and utilizing public investment capital; monitoring and evaluating, inspecting, auditing public investment plans, programs, and projects.

18. Plan public investment is a set of objectives, orientations, lists of public investment programs and projects; balancing public investment funds, allocation schemes, resource mobilization solutions, and implementation.

19. Construction Arrears is the value of completed work volume that has been accepted for inspection in public investment projects approved by the competent authority but not yet allocated capital for that completed work volume.

20. Hierarchical State Management of Public Investment is determining the powers and responsibilities of agencies, organizations, and individuals with authority in public investment activities.

21. Public Investment Capital as defined in this Law includes: state budget capital, national treasury bonds, government bonds, local government bonds, official development assistance (ODA), preferential loans from foreign sponsors, state credit for development investment, retained revenue for investment but not yet included in the state budget, and other loans of local budgets for investment.

Article 5. Public Investment Areas

1. Investment in economic and social infrastructure programs and projects.

2. Investment to support the operations of state agencies, public service units, political organizations, and socio-political organizations.

3. Investment and support for the provision of public goods and services.

4. State investment participation in projects implemented under the public-private partnership model.

Article 6. Classification of Public Investment Projects

1. Based on their nature, public investment projects are classified as follows:

a) Construction projects involving new construction, renovation, upgrading, or expansion of existing projects, including the purchase of assets and equipment.

b) Non-construction projects involving the purchase of assets, acquisition of land use rights, purchase and repair of equipment and machinery, and other projects not specified in point a of this clause.

2. Based on their importance and scale, public investment projects are classified into national key projects, Group A projects, Group B projects, and Group C projects according to the criteria set forth in Articles 7, 8, 9, and 10 of this Law.

Article 7. Criteria for Classifying National Key Projects

National key projects are independent investment projects or closely linked complexes of works falling under one of the following criteria:

1. Public investment capital exceeding 10,000 billion VND;

2. Significant impact on the environment or potential serious environmental impact, including:

a) Nuclear power plants;

b) Land use requiring conversion of special-use forest areas, natural conservation zones, scenic protection areas, scientific research forests, experimental forests from 50 hectares or more; protective forests upstream from 50 hectares or more; windbreak, sand barrier, wave barrier, sea encroachment prevention, and environmental protection forests from 500 hectares or more; production forests from 1,000 hectares or more;

3. Land use requiring conversion of rice paddy fields for two or more crops with a scale of 500 hectares or more;

4. Resettlement of displaced persons from 20,000 people or more in mountainous regions, and from 50,000 people or more in other regions;

5. Projects requiring the application of special mechanisms and policies that must be decided by the National Assembly.

Article 8. Criteria for Classifying Group A Projects

Except for national key projects as defined in Article 7 of this Law, projects falling under one of the following criteria are classified as Group A projects:

1. Projects regardless of total investment amount, including:

a) Projects located in areas with special national monuments;

b) Projects located in areas of particular importance to the country's defense and security as stipulated by laws on defense and security;

c) Projects in the field of national defense and security with national confidentiality characteristics;

d) Projects producing harmful chemicals and explosives;

đ) Industrial park and export processing zone infrastructure projects;

2. Projects with a total investment amount of 2,300 billion VND or more in the following fields:

a) Transportation, including bridges, seaports, river ports, airports, railways, national highways;

b) Power industry;

c) Oil and gas exploitation;

d) Chemicals, fertilizers, cement;

đ) Machinery manufacturing, metallurgy;

e) Mineral extraction and processing;

g) Residential building construction;

3. Projects with a total investment amount of 1,500 billion VND or more in the following fields:

a) Transportation, excluding projects specified in point a of Clause 2 of this Article;

b) Water resources management;

c) Water supply and drainage and technical infrastructure;

d) Electrical engineering;

đ) Information technology and electronics production;

e) Pharmaceutical chemicals;

g) Material production, excluding projects specified in point d of Clause 2 of this Article;

h) Mechanical engineering projects, excluding projects specified in point đ of Clause 2 of this Article;

i) Postal and telecommunications;

4. Projects with a total investment amount of 1,000 billion VND or more in the following fields:

a) Agriculture, forestry, aquaculture production;

b) National parks, natural conservation zones;

c) Technical infrastructure of new urban areas;

d) Industry, excluding projects in the industrial sectors specified in Clauses 1, 2, and 3 of this Article;

5. Projects with a total investment amount of 800 billion VND or more in the following fields:

a) Health, culture, education;

b) Scientific research, informatics, broadcasting, television;

c) Warehousing;

d) Tourism, sports;

đ) Civil construction, excluding residential building construction specified in point g of Clause 2 of this Article.

Article 9. Criteria for classifying projects in Group B

1. Projects in the fields specified in Clause 2 of Article 8 of this Law with total investment amounts from VND 1,200 billion to under VND 23,000 billion.

2. Projects in the fields specified in Clause 3 of Article 8 of this Law with total investment amounts from VND 800 billion to under VND 15,000 billion.

3. Projects in the fields specified in Clause 4 of Article 8 of this Law with total investment amounts from VND 600 billion to under VND 10,000 billion.

4. Projects in the fields specified in Clause 5 of Article 8 of this Law with total investment amounts from VND 450 billion to under VND 8,000 billion.

Article 10. Criteria for classifying projects in Group C

1. Projects in the fields specified in Clause 2 of Article 8 of this Law with total investment amounts under VND 1,200 billion.

2. Projects in the fields specified in Clause 3 of Article 8 of this Law with total investment amounts under VND 800 billion.

3. Projects in the fields specified in Clause 4 of Article 8 of this Law with total investment amounts under VND 600 billion.

4. Projects in the fields specified in Clause 5 of Article 8 of this Law with total investment amounts under VND 450 billion.

Article 11. Adjusting criteria for classifying public investment projects

1. The National Assembly decides on adjusting the criteria for classifying national key projects as stipulated in Article 7 of this Law.

2. The Government shall submit to the Standing Committee of the National Assembly for decision on adjusting the criteria for classifying public investment projects as stipulated in Articles 8, 9, and 10 of this Law, and report to the National Assembly at the nearest session.

3. The adjustment of the criteria for classifying public investment projects as stipulated in Clauses 1 and 2 of this Article shall be carried out in cases where there is significant fluctuation in price indices or significant adjustments in the tiered management of public investment related to the criteria for classifying public investment projects, or when other important factors affecting the criteria for classifying public investment projects arise.

Article 12. Principles for managing public investment

1. Compliance with legal regulations on the management and use of public investment capital.

2. Consistency with the strategy for socio-economic development, the five-year socio-economic development plan of the country, socio-economic development planning, and industry development planning.

3. Properly performing the responsibilities and authorities of state administrative agencies, organizations, and individuals related to the management and use of public investment capital.

4. Managing the use of public investment capital in accordance with the regulations applicable to each source of capital; ensuring focused, synchronized, high-quality, economical, efficient, and balanced resource allocation; preventing loss and waste.

5. Ensuring transparency in public investment activities.

6. Encouraging organizations and individuals to directly invest or invest through public-private partnership in economic and social infrastructure projects and public service provision.

Article 13. Contents of State Management over Public Investment

1. Issuing and implementing legal normative documents on public investment.

2. Developing and implementing strategies, programs, plans, master plans, solutions, and policies on public investment.

3. Monitoring and providing information on the management and use of public investment capital.

4. Evaluating the effectiveness of public investment; inspecting and auditing compliance with laws on public investment, adherence to public investment planning and plans.

5. Handling violations, resolving complaints and denunciations of organizations and individuals related to public investment activities.

6. Awarding units, organizations, entities, and individuals who have achieved results in public investment activities.

7. International cooperation in public investment.

Article 14. Transparency in Public Investment

1. Contents of transparency in public investment include:

a) Policies, laws, and the organization of their implementation in managing and using public investment capital;

b) Principles, criteria, and allocation standards for public investment capital;

c) Principles, criteria, and bases for determining project lists in medium-term and annual public investment plans;

d) Planning, programs, and investment projects on the territory; capital allocation for each program annually, progress in implementation, and disbursement of public investment program capital;

đ) Project lists on the territory, including scale, total investment amount, time frame, location; reports on overall impact assessments of projects on the investment area;

e) Medium-term and annual capital allocation plans according to each source of capital, including project lists and public investment capital allocated to each project;

g) The situation of mobilizing resources and other sources of capital participating in implementing public investment projects;

h) Implementation status and results of plans, programs, and projects;

i) Progress in implementation and disbursement of projects according to each source of capital;

k) Results of acceptance, evaluation of programs, and projects.

2. Heads of agencies, organizations, and units must implement the transparency of public investment contents as prescribed by law.

Article 15. Costs of Preparing, Reviewing, Monitoring, Inspecting, Evaluating Plans, Programs, and Public Investment Projects

1. Costs of preparing and reviewing proposals for investment policies of national target programs and public investment programs using the operating funds of the agency or unit undertaking these tasks.

2. Costs of preparing and reviewing feasibility study reports and proposals for investment policies of projects using the preparatory investment capital of the project.

3. Costs of preparing and reviewing public investment plans using operating funds and regular funds of the agency or unit preparing and reviewing the plan.

4. Costs of monitoring, inspecting, and evaluating plans, programs, and projects using operating funds and regular funds of the agency or unit performing these tasks.

5. Inspection costs using regular funds of the agency or unit conducting the inspection.

6. For programs and projects using ODA and preferential loan capital from foreign sponsors, it is encouraged that sponsors provide financial support to pay for the costs stipulated in this Article.

Article 16. Prohibited Acts in Public Investment

1. Deciding on investment policies not in accordance with strategies, planning, and plans; beyond authority; not following the procedures and formalities prescribed by law; unable to balance investment capital sources.

2. Deciding on investment programs and projects without prior approval from competent authorities or not in accordance with approved investment policies. Adjusting the total investment capital of programs or the total investment amount of projects contrary to the provisions of the law on public investment.

3. Misusing positions and powers to embezzle, seek personal gain, or engage in corruption in managing and using public investment capital.

4. Program sponsors and investors colluding with consulting organizations leading to decisions on investment policies and investment programs and projects causing losses and wastage of state capital and national resources; harming or infringing upon the interests of citizens and communities.

5. Offering, receiving, or brokering bribes.

6. Requiring organizations or individuals to self-fund investments when programs or projects have not been decided on investment policies, not approved, or not allocated capital in plans, resulting in arrears in construction.

7. Using public investment capital for purposes not intended, for objects not specified, exceeding standards and quotas prescribed by law.

8. Fabricating or distorting information, documents related to decisions on investment policies, investment decisions, and implementation of programs and projects.

9. Intentionally reporting or providing inaccurate, untruthful, or biased information affecting the preparation, review, decision-making of plans, programs, and projects.

10. Intentionally reporting or providing inaccurate, untruthful, or biased information affecting the monitoring, evaluation, inspection, and handling of violations during the implementation of plans, programs, and projects.

11. Intentionally destroying, deceiving, concealing, or retaining incomplete documents, vouchers, records related to decisions on investment policies, investment decisions, and implementation of programs and projects.

12. Obstructing the discovery of violations of laws on public investment.

Chapter II

INVESTMENT POLICIES AND DECISIONS ON PUBLIC INVESTMENT PROGRAMS AND PROJECTS

Section 1

PREPARATION, REVIEW, AND DECISION ON INVESTMENT POLICIES

Article 17. Competence to Decide on Investment Orientation for Programs and Projects

1. The National Assembly decides on investment orientation for the following programs and projects:

a) National Target Programs;

b) National Key Projects.

2. The Government decides on investment orientation for target programs using central budget funds, national treasury bonds, government bonds, ODA funds, preferential loans from foreign sponsors, state development credit funds, and retained revenue sources for investment that have not been included in the state budget balance.

3. The Prime Minister decides on investment orientation for the following programs and projects:

a) Class A Projects;

b) Projects using central budget funds managed by central agencies of the Vietnam Fatherland Front and political-social organizations; other agencies and organizations;

c) Emergency projects using central budget funds;

d) Investment programs using ODA funds and preferential loans from foreign sponsors, except for national target programs and target programs specified in Clause 1 and Clause 2 of this Article;

đ) Projects using ODA funds and preferential loans from foreign sponsors as prescribed by the Government.

4. Heads of ministries and central agencies decide on investment orientation for the following projects:

a) Class B and Class C projects using public investment funds from the state budget, national treasury bonds, government bonds, state development credit funds, and retained revenue sources for investment that have not been included in the state budget balance, managed by their own agencies, except for projects specified in point c of Clause 3 of this Article;

b) Projects using ODA funds and preferential loans from foreign sponsors managed by their own agencies, except for projects specified in point đ of Clause 3 of this Article.

5. People's Councils at all levels decide on investment orientation for the following programs and projects:

a) Investment programs funded entirely by local budget-balanced funds, local government bond funds, retained revenue sources for investment that have not been included in the local budget balance within the decision-making authority of People's Councils at all levels, and other local budget loan funds for investment;

b) Class B projects and key Class C projects under their management, except for projects specified in point đ of Clause 3 of this Article. Criteria for key Class C projects of the locality are decided by the Provincial People's Council in accordance with the development goals, orientations, financial capacity, and specific characteristics of the locality.

6. People's Committees at all levels decide on investment orientation for projects under their management, except for projects specified in Clauses 1, 2, 3, 4, and 5 of this Article.

Article 18. Conditions for Deciding on Investment Orientation for Programs and Projects

1. Consistent with strategies, plans, and socio-economic development programs approved by competent authorities.

2. Not overlapping with existing programs and projects that have already received investment orientation decisions or investment decisions.

3. Consistent with the ability to balance public investment capital sources and the ability to mobilize other capital sources for programs and projects using multiple sources of funding.

4. Consistent with the ability to borrow and repay public debt, government debt, and local government debt.

5. Ensuring economic, social, defense, security, and sustainable development effectiveness.

6. Prioritizing public-private partnership investment implementation for projects with potential for capital recovery.

Article 19. Procedures and formalities for deciding on investment policies for national target programs and important national projects

1. The agency assigned to prepare investment for programs and projects shall be responsible for:

a) Assigning subordinate units to prepare the Investment Policy Proposal Report for national target programs and the Preliminary Feasibility Study Report for important national projects;

b) Assigning competent units to review or establishing a Council to review the Investment Policy Proposal Report and the Preliminary Feasibility Study Report;

c) Completing the Investment Policy Proposal Report and the Preliminary Feasibility Study Report to submit to the Prime Minister.

2. The Prime Minister shall establish a National Review Board chaired by the Minister of Planning and Investment to review the Investment Policy Proposal Report for national target programs and the Preliminary Feasibility Study Report for important national projects.

3. The Government shall submit to the National Assembly for consideration and decision on the investment policy for national target programs and important national projects.

4. The National Assembly's agency shall examine the dossier on national target programs and important national projects submitted by the Government.

5. The National Assembly shall consider and adopt a Resolution on the investment policy for national target programs and important national projects. The content of the National Assembly's Resolution shall clearly state the objectives, scale, total investment capital, main technology, location, time, progress schedule, mechanism and solutions, implementation policies.

Article 20. Dossier for deciding on investment policy for national target programs and important national projects

1. The Government's submission.

2. The Investment Policy Proposal Report for national target programs and the Preliminary Feasibility Study Report for important national projects.

3. The National Review Board's review report.

4. Other related documents.

Article 21. Procedures and contents for examining investment policies for national target programs and important national projects

1. The examination procedures are as follows:

a) At least 60 days before the opening of the National Assembly session, the Government shall send the dossier for deciding on the investment policy for national target programs and important national projects to the leading examination agency of the National Assembly;

b) The leading examination agency has the right to request the Government and relevant agencies, organizations, and individuals to report on issues related to the content of national target programs and important national projects; organize field surveys on issues related to the content of national target programs and important national projects;

c) Agencies, organizations, and individuals requested by the leading examination agency have the responsibility to provide complete information and documents to serve the examination process.

2. THE CONTENTS OF THE REVIEW INCLUDE:

a) Compliance with criteria for determining national target programs and important national projects;

b) The necessity of investing in programs and projects;

c) Compliance with legal regulations;

d) Consistency with economic and social development strategies, plans, and sectoral development master plans;

e) Basic parameters of programs and projects, including objectives, scale, investment form, scope, location, land area required, time, progress schedule, selection of main technology options, environmental protection solutions, sources of funds, ability to recover capital and repay loans;

f) Ensuring economic and social efficiency, national defense, security, and sustainable development;

g) Evaluation of consistency with land use planning, natural resources, resettlement plans for important national projects invested domestically;

h) Evaluation of risk levels at the country of investment for important national projects invested abroad.

Article 22. Procedures for deciding on investment policy programs within the authority of the Government

1. The program leader shall be responsible for:

a) Assigning subordinate units to prepare the Report proposing the investment policy;

b) Assigning units with the function of reviewing or establishing a Council to review the Report proposing the investment policy;

c) Completing the Report proposing the investment policy to submit to the Prime Minister.

2. The Prime Minister shall establish an inter-ministerial Council or assign the Ministry of Planning and Investment to take the lead and coordinate with relevant agencies to review the Report proposing the investment policy. In case of establishing an inter-ministerial Council, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and other relevant agencies to review the sources of funding and the ability to balance funds.

3. The program leader shall complete the Report proposing the investment policy according to the review opinions stipulated in Clause 2 of this Article to submit to the Government.

4. The Government shall examine and decide on the investment policy for the program, including objectives, scope, scale, total investment capital, time frame, progress schedule, mechanisms and solutions, implementation policies.

Article 23. Procedures for deciding on investment policy for Group A projects

1. Heads of ministries, central agencies, central agencies of the Vietnam Fatherland Front and political-social organizations, and other agencies and organizations shall be responsible for:

a) Assigning subordinate units to organize the preparation of the Preliminary Feasibility Study Report;

b) Assigning units with the function of reviewing or establishing a Council to review the Preliminary Feasibility Study Report, sources of funding, and the ability to balance funds;

c) Directing the unit specified in point a of this clause to complete the Preliminary Feasibility Study Report to submit to the Prime Minister.

2. The Chairman of the provincial People's Committee shall be responsible for:

a) Assigning specialized agencies or People's Committees at the district level to organize the preparation of the Preliminary Feasibility Study Report;

b) Establishing a Review Council chaired by a Deputy Chairman of the People's Committee at the provincial level, with the Department of Planning and Investment serving as the Standing Council and related departments and sectors as members to review the Preliminary Feasibility Study Report, sources of funding, and the ability to balance funds;

c) Directing the agency specified in point a of this clause to complete the Preliminary Feasibility Study Report according to the review opinions stipulated in point b of this clause to report to the People's Committee at the provincial level;

d) Submitting to the People's Council at the provincial level for comments before the People's Committee at the provincial level submits to the Prime Minister.

3. The Prime Minister shall decide to establish an inter-ministerial Review Council or assign an agency to lead the review of the Preliminary Feasibility Study Report based on the proposal of the Ministry of Planning and Investment.

4. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to review the sources of funding and the ability to balance funds for projects using:

a) Central budget funds, national treasury funds, government bonds, ODA funds, and preferential loans from foreign donors;

b) Funds retained for investment but not yet included in the state budget of ministries and central agencies;

c) Funds retained for investment but not yet included in the state budget of other agencies and organizations as prescribed by the Government.

The review opinions shall be sent by the Ministry of Planning and Investment to the inter-ministerial Review Council or the leading review agency stipulated in Clause 3 of this Article.

5. The inter-ministerial Review Council or the leading review agency stipulated in Clause 3 of this Article shall send the review opinions for ministries, sectors, and localities to complete the Preliminary Feasibility Study Report to submit to the Prime Minister.

6. The Prime Minister shall decide on the investment policy, including objectives, scale, total investment amount, source fund structure, location, time frame, and implementation schedule.

Article 24. Procedures and formalities for deciding on investment policies for programs and projects using ODA funds and preferential loans from foreign sponsors

1. Based on the national economic and social development strategy and the five-year national economic and social development plan, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance, relevant agencies, and sponsors to develop cooperation orientations and priority areas for using ODA funds and preferential loans from foreign sponsors.

2. On the basis of cooperation orientations and priority areas for using ODA funds and preferential loans from foreign sponsors, as well as the demand for capital mobilization and the conditions provided by sponsors, the managing agency shall submit a sponsorship request to the Ministry of Planning and Investment along with proposals for programs and projects.

3. Based on cooperation orientations with foreign sponsors and priority areas for using ODA funds and preferential loans from foreign sponsors, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance, relevant agencies, and sponsors to select appropriate program and project proposals and notify the managing agency to prepare a Preliminary Feasibility Study Report or an Investment Policy Proposal Report.

4. For national target programs and important national projects, the procedures and formalities for deciding on investment policies shall be implemented according to the provisions of Articles 19, 20, and 21 of this Law.

5. For programs within the authority to decide on investment policies of the Government, the procedures and formalities for deciding on investment policies shall be implemented according to the provisions of Article 22 of this Law.

6. For Class A projects, the procedures and formalities for deciding on investment policies shall be implemented according to the provisions of Article 23 of this Law.

7. For other programs and projects within the authority to decide on investment policies of the Prime Minister as stipulated in points d and e of Clause 3, Article 17 of this Law:

a) The managing agency shall submit to the Ministry of Planning and Investment a Preliminary Feasibility Study Report or an Investment Policy Proposal Report;

b) The Ministry of Planning and Investment shall take the lead in reviewing the Preliminary Feasibility Study Report or the Investment Policy Proposal Report, sources of funding, and the ability to balance funding, and report to the Prime Minister;

c) The Prime Minister shall consider and decide on the investment policy.

8. For programs and projects not within the authority to decide on investment policies of agencies, organizations, or individuals as stipulated in Clauses 1, 2, and 3 of Article 17 of this Law:

a) The managing agency shall seek opinions from the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies regarding the investment policy;

b) The Ministry of Planning and Investment shall organize the review of sources of funding and the ability to balance funding;

c) Based on the opinions of the agencies and the review of sources of funding and the ability to balance funding by the Ministry of Planning and Investment, the managing agency shall organize the review and decide on the investment policy.

Article 25. Procedures and formalities for deciding on investment policies for Class B and Class C projects managed by central agencies of the Vietnam Fatherland Front and political-social organizations, and other agencies and organizations

1. The heads of central agencies of the Vietnam Fatherland Front and political-social organizations, and other agencies and organizations shall be responsible for:

a) Assigning subordinate units to prepare an Investment Policy Proposal Report;

b) Assigning units with the function of reviewing or establishing a Council to review the Report proposing the investment policy;

c) Directing the unit specified in point a of this clause to complete the Investment Policy Proposal Report and submit it to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to organize the review of the Investment Policy Proposal Report, sources of funding, and the ability to balance funding.

3. Central agencies of the Vietnam Fatherland Front and political-social organizations, and other agencies and organizations shall complete the Investment Policy Proposal Report according to the review opinions stipulated in Clause 2 of this Article and submit it to the Prime Minister.

4. The Prime Minister shall consider and decide on the investment policy, including objectives, scale, total investment amount, source structure, location, time, and implementation schedule.

Article 26. Procedures and formalities for deciding on investment policies for projects in Group B and Group C using central government budget funds, national treasury funds, government bonds, retained revenue sources for investment but not yet included in state budget balancing of ministries and central agencies

1. The head of the ministry or central agency shall be responsible for:

a) Assigning subordinate units to prepare an Investment Policy Proposal Report;

b) Assigning units with the function of reviewing or establishing a Council to review the Report proposing the investment policy;

c) Directing the unit specified in point a of this clause to complete the Investment Policy Proposal Report and submit it to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to appraise the sources of capital and the ability to balance capital.

3. Based on the appraisal opinions stipulated in Clause 1 and Clause 2 of this Article, the head of the ministry or central agency shall decide on the investment policy, including objectives, scale, total investment amount, capital structure, location, time, and implementation schedule.

Article 27. Procedures and formalities for deciding on investment policies for projects in Group B and Group C using central government budget funds, national treasury funds, and government bonds managed by localities

1. The Chairperson of People's Committees at all levels shall be responsible for:

a) Assigning specialized agencies or lower-level People's Committees to directly prepare the Report proposing investment policy;

b) Establishing a Board to appraise the Report proposing investment policy, sources of capital, and the ability to balance capital;

c) Directing the agency specified in point a of this clause to complete the Report proposing investment policy.

2. For projects in Group B and key projects in Group C:

a) For projects in Group B and key projects in Group C managed by provincial People's Committees, the provincial People's Committee shall assign the Department of Planning and Investment to appraise the sources of capital and the ability to balance capital before submitting the Report proposing investment policy to the Provincial People's Council for comments.

After the Provincial People's Council approves, the provincial People's Committee shall submit the Report proposing investment policy to the Ministry of Planning and Investment.

b) For projects in Group B and key projects in Group C managed by district or commune People's Committees, the People's Committee shall submit the Report proposing investment policy to the same-level People's Council for comments.

After the same-level People's Council approves, the district or commune People's Committee shall submit the Report proposing investment policy to the provincial People's Committee. The provincial People's Committee shall assign the Department of Planning and Investment to appraise the sources of capital and the ability to balance capital before submitting the Report proposing investment policy to the Ministry of Planning and Investment.

c) The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to appraise the sources of capital and the ability to balance capital;

d) The provincial People's Committee shall direct the completion of the Report proposing investment policy according to the appraisal opinions of the Ministry of Planning and Investment;

đ) The People's Committee shall submit the Report proposing investment policy to the same-level People's Council for decision on the project's investment policy, including objectives, scale, total investment amount, capital structure, location, time, and implementation schedule.

3. For projects in Group C not covered by Clause 2 of this Article:

a) For projects managed by provincial People's Committees, the provincial People's Committee shall assign the Department of Planning and Investment to appraise the sources of capital and the ability to balance capital before submitting the Report proposing investment policy to the Ministry of Planning and Investment;

b) For projects managed by district or commune People's Committees, the Chairman of the district or commune People's Committee shall submit the Report proposing investment policy to the provincial People's Committee. The provincial People's Committee shall assign the Department of Planning and Investment to appraise the sources of capital and the ability to balance capital before submitting the Report proposing investment policy to the Ministry of Planning and Investment;

c) The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to appraise the sources of capital and the ability to balance capital;

d) The provincial People's Committee shall direct the completion of the Report proposing investment policy according to the appraisal opinions of the Ministry of Planning and Investment;

đ) The People's Committees at all levels shall decide on the investment policy, including objectives, scale, total investment amount, capital structure, location, time, and implementation schedule.

Article 28. Procedures and formalities for deciding on investment policies for investment programs using entirely local budget funds, local government bond funds, retained revenue sources for investment that have not been included in the local budget, and other loans from the local budget for investment purposes.

1. The program leader shall be responsible for:

a) Assigning subordinate units to prepare the Report proposing the investment policy;

b) Assigning units with the function of reviewing or establishing a Council to review the Report proposing the investment policy;

c) Complete the Investment Policy Proposal Report to submit to the People's Committee at the same level.

2. The Chairperson of People's Committees at all levels shall be responsible for:

a) For programs managed by the provincial level, the Chairman of the Provincial People's Committee shall establish an Appraisal Board in accordance with point b, Clause 2, Article 23 of this Law, or entrust the Department of Planning and Investment to lead and coordinate with relevant agencies to appraise the Investment Policy Proposal Report, funding sources, and funding balancing capacity;

b) For programs managed by the district and commune levels, the Chairman of the District and Commune People's Committees shall establish a Board to appraise the Investment Policy Proposal Report, funding sources, and funding balancing capacity.

3. The program leader shall complete the Investment Policy Proposal Report for the public investment project to submit to the People's Committee at the same level.

4. The People's Committee shall submit to the People's Council at the same level for a decision on the investment policy.

5. Based on the appraisal opinions stipulated in Clause 2 of this Article, the People's Councils at all levels shall decide on the investment policy, including objectives, scale, total investment capital, location, time, and implementation schedule.

Article 29. Procedures and formalities for deciding on investment policies for Group B projects, key Group C projects using local budget-balanced funds, local government bond funds, retained revenue sources for investment that have not been included in the local budget, and other loans from the local budget for investment purposes.

1. The agency entrusted to prepare the Investment Policy Proposal Report shall be responsible for:

a) Assigning subordinate units to prepare the Report proposing the investment policy;

b) Entrusting a unit with the function of appraisal or establishing a Board to appraise the Investment Proposal Report;

c) Complete the Investment Policy Proposal Report to submit to the People's Committee at the same level.

2. For projects using provincial-level local budget-balanced funds, local government bond funds, retained revenue sources for investment that have not been included in the provincial-level local budget, and other loans from the provincial-level local budget for investment purposes:

a) The Chairman of the Provincial People's Committee shall establish an Appraisal Board in accordance with point b, Clause 2, Article 23 of this Law, or entrust the Department of Planning and Investment to lead and coordinate with relevant agencies to appraise the Investment Policy Proposal Report, funding sources, and funding balancing capacity.

For projects managed by the district and commune levels, the District and Commune People's Committees shall submit to the People's Council at the same level for comments before submitting to the Provincial People's Committee;

b) Based on the appraisal opinions stipulated in point a of this clause, the agency entrusted to prepare the Investment Policy Proposal Report shall complete the Report and submit it to the Provincial People's Committee for submission to the Provincial People's Council to decide on the investment policy, including objectives, scale, total investment amount, location, and implementation time.

3. For projects using district and commune-level local budget-balanced funds, retained revenue sources for investment that have not been included in the district and commune-level local budgets, the District and Commune People's Committees shall submit to the People's Council at the same level to decide on the investment policy, including objectives, scale, total investment amount, location, and implementation time.

Article 30. Procedures and formalities for deciding on investment orientation for Group C projects using local budget funds at provincial level, local government bond funds, retained revenue for investment but not yet included in the provincial local budget balance, and other local budget loans for investment.

1. The agency entrusted to prepare the Investment Policy Proposal Report shall be responsible for:

a) Assigning subordinate units to prepare the Report proposing the investment policy;

b) Assigning units with the function of reviewing or establishing a Council to review the Report proposing the investment policy;

c) Complete the Investment Orientation Proposal Report to submit to the Provincial People's Committee.

2. The Department of Planning and Investment shall take the lead and coordinate with relevant agencies to review the Investment Orientation Proposal Report, funding sources, and funding balancing capacity.

3. Based on the review opinions stipulated in Clause 2 of this Article, the agency responsible for preparing the Investment Orientation Proposal Report shall complete the Report to submit to the Provincial People's Committee.

4. The Provincial People's Committee decides on the investment orientation, including objectives, scale, total investment amount, location, time, and implementation schedule.

Article 31. Procedures and formalities for deciding on investment orientation for Group C projects using local budget funds at district and commune levels, and retained revenue for investment but not yet included in the local budget balance at district and commune levels.

1. For projects using local budget funds at the district level and retained revenue for investment but not yet included in the local budget balance at the district level:

a) The Chairman of the District People's Committee assigns a specialized agency or the Commune People's Committee to prepare the Investment Orientation Proposal Report and establish a Board to review the Investment Orientation Proposal Report, funding sources, and funding balancing capacity;

b) The agency assigned to prepare the Investment Orientation Proposal Report completes the Report to submit to the District People's Committee;

c) The District People's Committee decides on the investment orientation, including objectives, scale, total investment amount, funding structure, location, time, and implementation schedule.

2. For projects using local budget funds at the commune level and retained revenue for investment but not yet included in the local budget balance at the commune level:

a) The Chairman of the Commune People's Committee organizes the preparation of the Investment Orientation Proposal Report and establishes a Board to review the Investment Orientation Proposal Report, funding sources, and funding balancing capacity;

b) The Commune People's Committee decides on the investment orientation, including objectives, scale, total investment amount, funding structure, location, time, and implementation schedule.

Article 32. Principles, procedures, and formalities for deciding on investment orientation for projects using state development credit funds.

1. Decisions on investment orientation for projects using state development credit funds must be consistent with the objects, industries, and fields eligible for such credit funds as prescribed by the Government.

2. Procedures and formalities for deciding on investment orientation:

a) For national key projects, follow the provisions of Articles 19, 20, and 21 of this Law;

b) For Group A projects, follow the provisions of Article 23 of this Law;

c) For Group B and Group C projects managed by ministries and central agencies, follow the provisions of Article 26 of this Law;

d) For Group B and Group C projects managed by central agencies of the Vietnam Fatherland Front and political-social organizations, and other agencies and organizations, follow the provisions of Article 25 of this Law;

đ) For Group B and Group C projects managed by the Provincial People's Committee, follow the provisions of Articles 29 and 30 of this Law.

Article 33. Principles, procedures, formalities, and contents of the decision on investment orientation for emergency projects and public-private partnership projects

1. The decision on investment orientation for emergency projects aims to promptly address natural disasters and other force majeure situations, ensuring effective use of public investment funds and preventing loss and waste.

2. The decision on investment orientation for public-private partnership projects shall ensure the following principles:

a) Compliance with conditions stipulated in Article 18 of this Law;

b) Strict management of public investment capital;

c) Creating favorable conditions for investors and project enterprises to actively manage and utilize their own capital contributions in accordance with investment objectives and commitments to the State.

3. Procedures, formalities, and contents of the decision on investment orientation for emergency projects and public-private partnership projects:

a) For national key projects implemented in accordance with Articles 19, 20, and 21 of this Law;

b) For projects not covered by point a of this clause, they shall be implemented in accordance with regulations of the Government.

Article 34. Contents of the Report Proposing Investment Orientation for Public Investment Programs

The main contents of the Report Proposing Investment Orientation for Public Investment Programs include:

1. The necessity of the program to achieve strategic goals, planning, and socio-economic development plans;

2. Objectives, scope, and scale of the program;

3. Estimated total funding and resource structure for implementing the program, including the list of projects or investment targets, ability to balance public investment funds, mobilization of other sources of funds and resources;

4. Estimated implementation schedule of the program consistent with actual conditions and reasonable priority order of resource mobilization to ensure focused and effective investment;

5. Determination of related costs during the implementation process and operational costs after the program's completion;

6. Preliminary analysis and assessment of environmental and social impacts of the program, calculation of economic and social investment effectiveness of the program;

7. Division of component projects of the program in accordance with laws;

8. Implementation organization solutions.

Article 35. Contents of the Feasibility Study Report for National Key Projects and Group A Projects

1. The contents of the Feasibility Study Report for national key projects and Group A projects with construction components shall be carried out in accordance with laws on construction.

2. The main contents of the Feasibility Study Report for national key projects and Group A projects without construction components include:

a) The necessity of investment, conditions for implementation, and evaluation of compliance with planning and investment plans;

b) Forecasted demand, service scope, and estimated investment objectives, scale, and form;

c) Investment area, location, estimated land use requirements, and other resource needs;

d) Preliminary analysis and selection of technology, techniques, and conditions for supply of materials, equipment, raw materials, energy, services, infrastructure;

đ) Preliminary analysis and selection of investment options and scales of individual investment items;

e) Overall compensation, land clearance, resettlement, and environmental protection measures;

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

h) Preliminary determination of total investment amount, funding mobilization plan, and funding structure;

i) Preliminary determination of operational, maintenance, repair, and major overhaul costs during the project operation phase;

k) Project implementation schedule forecast, division of investment phases;

l) Preliminary determination of economic and social investment effectiveness of the project;

m) Division of component projects or sub-projects (if any);

n) Implementation organization solutions.

Article 36. Contents of the Report Proposing Investment Policy for Group B and Group C Projects

The main contents of the Report Proposing Investment Policy for Group B and Group C projects include:

1. The necessity of investment, conditions for implementation, and assessment of compliance with planning and investment plans;

2. Objectives, scale, location, and scope of investment;

3. Estimated total investment cost and capital structure, ability to balance public investment funds and mobilization of other sources of capital and resources to implement the project;

4. Estimated progress schedule for implementing the investment that is consistent with actual conditions and the reasonable priority order of mobilizing resources to ensure focused and effective investment;

5. Preliminary determination of related costs during implementation and operational costs after completion of the project;

6. Preliminary analysis and evaluation of environmental and social impacts; preliminary determination of economic and social investment effectiveness;

7. Division of component projects (if applicable);

8. Implementation organization solutions.

Article 37. Documents, Contents, and Timeframe for Reviewing and Deciding on Investment Policy for Programs and Projects

Documents, contents, and timeframe for reviewing and deciding on investment policy, reviewing capital sources, and balancing capital for programs and projects shall be carried out in accordance with the regulations of the Government.

Article 38. Levels of Authority for Reviewing Capital Sources and Balancing Capital for Programs and Projects

1. The Ministry of Planning and Investment shall lead the review of capital sources and the ability to balance capital for:

a) National Target Programs;

b) Target Programs decided on investment policy by the Government;

c) National Key Projects;

d) Projects using central government budget funds, national treasury bonds, and government bonds;

đ) Projects using Official Development Assistance (ODA) and preferential loans from foreign sponsors;

e) Projects of ministries, central agencies, central agencies of the Vietnam Fatherland Front, and political-social organizations using state development credit funds, retained revenue for investment but not yet included in the state budget balance;

g) Projects using other sources of capital as prescribed by the Government.

2. Before submitting to the Ministry of Planning and Investment as stipulated in Clause 1 of this Article, the head of ministries, central agencies, central agencies of the Vietnam Fatherland Front, and political-social organizations, and other agencies and organizations shall have specialized management agencies for investment conduct a preliminary review of capital sources and the ability to balance capital for assigned programs and projects.

3. The Chairman of the People's Committee at the provincial level shall assign the Provincial Department of Planning and Investment to lead and coordinate with relevant agencies to review capital sources and the ability to balance capital for programs and projects under local management:

a) Programs and projects using central government budget funds, national treasury bonds, government bonds, ODA, and preferential loans from foreign sponsors before the People's Committee at the provincial level submits to the Ministry of Planning and Investment;

b) Programs and projects using provincial-level local budget funds, local government bonds, retained revenue for investment but not yet included in the provincial-level local budget balance, and other local budget loans for investment;

c) Projects using state development credit funds.

4. The Chairman of the People's Committee at the district and commune levels shall organize the review of capital sources and the ability to balance capital for programs and projects under their management:

a) Programs and projects using district and commune-level local budget funds, retained revenue for investment but not yet included in the district and commune-level local budget balance, and other local budget loans for investment;

b) Before submitting to the People's Committee at the provincial level to organize the review of capital sources and the ability to balance capital for projects using central government budget funds, national treasury bonds, government bonds, ODA, and preferential loans from foreign sponsors, provincial-level local budget funds, and local government bonds;

c) Projects using state development credit funds.

Section 2

INVESTMENT PROPOSAL, REVIEW, AND DECISION MAKING

CHAPTER INVESTMENT PROGRAMS AND PROJECTS

Article 39. Authority to Decide on Investment Programs and Projects

1. The Prime Minister decides on investment for:

a) National Target Programs and National Key Projects that have been decided on by the National Assembly regarding the investment orientation;

b) Target Programs that have been decided on by the Government regarding the investment orientation;

c) Programs and projects using ODA funds and preferential loans from foreign donors in the fields of national security, defense, religion, and other programs and projects as prescribed by the Government.

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

a) Decide on investment for Group A, Group B, and Group C projects using state budget funds, national treasury bonds, government bonds, state development credit funds, retained revenue for investment but not yet included in the state budget balance;

b) Decide on investment for Group A, Group B, and Group C projects using ODA funds and preferential loans from foreign donors under their management authority, except for projects specified in point c, Clause 1 of this Article;

c) Are authorized to delegate or authorize subordinate agencies to decide on investment for Group B and Group C projects specified in points a and b of this Clause.

3. Chairpersons of Provincial People's Committees:

a) Decide on investment for programs using the entire provincial state budget balance, state development credit funds, local government bonds, retained revenue for investment but not yet included in the provincial state budget balance, and other local government loans for investment;

b) Decide on investment for Group A, Group B, and Group C projects managed at the provincial level, except for projects specified in point c, Clause 1 of this Article;

c) Are authorized to delegate or authorize subordinate agencies to decide on investment for Group B and Group C projects specified in point b of this Clause.

4. Chairpersons of District and Commune People's Committees:

a) Decide on investment for programs using the entire district and commune state budget balance, retained revenue for investment but not yet included in the district and commune state budget balance within the decision-making authority of the District and Commune People's Councils;

b) Decide on investment for Group B and Group C projects using the entire district and commune state budget balance, retained revenue for investment but not yet included in the district and commune state budget balance;

c) Chairpersons of District People's Committees are authorized to delegate or authorize subordinate agencies to decide on investment for projects specified in point b of this Clause.

Article 40. Basis for Establishing, Reviewing, and Deciding on Programs and Projects

1. Strategies and plans for socio-economic development.

2. Socio-economic development master plans and industry development master plans.

3. The necessity of the program or project.

4. Objectives of the program or project.

5. Investment orientation decisions made by competent authorities.

6. Ability to mobilize and balance public investment funds and other sources of funding to implement the program or project.

Article 41. Procedures for Establishing, Reviewing, and Deciding on National Target Programs

1. Based on investment orientation decisions made by the National Assembly, the program leader prepares a feasibility study report to submit to the Prime Minister.

2. The Prime Minister establishes a National Review Board chaired by the Minister of Planning and Investment to review the program.

3. The National Review Board reviews the contents stipulated in Clause 1 of Article 47 and Clause 2 of Article 48 of this Law.

4. Based on the National Review Board's review opinions, the program leader completes the feasibility study report and draft Decision on the program to be submitted to the National Review Board for examination and submission to the Prime Minister.

5. The Prime Minister examines and decides.

Article 42. Procedures for drafting, reviewing, and deciding on investment programs under the Government's investment policy decision

1. Based on the investment policy decision made by the Government, the program proponent shall draft the program and organize the review in accordance with the law to submit to the Prime Minister.

2. The Ministry of Planning and Investment shall organize the review of the contents stipulated in Clause 1, Article 47 and Clause 2, Article 48 of this Law.

3. The program proponent shall complete the program and draft the Decision on investment program to submit to the Ministry of Planning and Investment for consideration and submission to the Prime Minister.

4. The Prime Minister shall consider and decide.

Article 43. Procedures for drafting, reviewing, and deciding on investment programs under the People's Council's investment policy decision

1. Based on the investment policy decision made by the People's Council, the program proponent shall draft the program and organize the review in accordance with the law to submit to the People's Committee at the same level.

2. The People's Committee shall organize the review of the contents stipulated in Clause 1, Article 47 and Clause 2, Article 48 of this Law.

3. The program proponent shall complete the program and draft the Decision on investment program to submit to the Chairman of the People's Committee for consideration and decision.

Article 44. Procedures for drafting, reviewing, and deciding on projects

1. For national key projects:

a) Based on the investment policy decision made by the National Assembly, the investor shall prepare the Feasibility Study Report of the project to be submitted to the competent authority for examination and submission to the Prime Minister;

b) The Ministry of Planning and Investment shall report to the Prime Minister to establish the State Review Board to review the project;

c) The State Review Board shall review the contents stipulated in Clause 2 and Clause 3, Article 47, and Clause 2, Article 48 of this Law;

d) Based on the review opinions, the investor and the competent authority shall perfect the project and submit it to the competent authority for approval and send it to the State Review Board;

đ) The State Review Board shall submit to the Prime Minister for examination and decision on project investment.

2. For projects without construction components:

a) Based on the investment policy decision made by the competent authority, the investor shall prepare the Feasibility Study Report of the project to be submitted to the competent authority for investment decision;

b) The head of ministries, central agencies, central agencies of the Vietnam Fatherland Front and political-social organizations, agencies, and other organizations, and the Chairmen of People's Committees at all levels shall establish the Review Board or entrust specialized agencies managing investment to organize the review of the project;

c) The Review Board or specialized agency managing investment shall review the contents stipulated in Clause 2, Article 47 and Clause 2, Article 48 of this Law;

d) The competent authority for investment decision shall make the investment decision after the investor has completed the Feasibility Study Report of the project according to the review opinions stipulated in point c of this clause.

3. Procedures for drafting, reviewing, and deciding on investment for projects with construction components shall be carried out in accordance with the laws on construction and other relevant laws, except for national key projects.

4. Procedures and contents for drafting, reviewing, and deciding on investment for projects under the Public-Private Partnership form shall be implemented in accordance with the Government's regulations, except for national key projects.

Article 45. Procedures for drafting, reviewing, and deciding on investment for programs and projects using ODA and preferential loans from foreign sponsors

1. After the investment policy decision, the competent authority shall issue a decision on the investor, assigning the investor to cooperate with the sponsor to prepare the Feasibility Study Report of the program and project to be submitted to the competent authority for investment decision on the program and project.

2. For programs and projects within the decision-making authority of the Prime Minister as stipulated in point c, Clause 1, Article 39 of this Law:

a) Procedures for drafting, reviewing, and deciding on investment for national target programs and national key projects shall be implemented in accordance with Article 41 and Clause 1, Article 44 of this Law;

b) The Ministry of Planning and Investment shall review the Feasibility Study Reports of other projects, submitting to the Prime Minister for consideration and decision.

3. The head of the competent authority shall be responsible for organizing the review and making investment decisions for programs and projects within their decision-making authority.

4. For programs and projects using ODA and preferential loans from foreign sponsors applying domestic financial mechanisms through loan refinancing, the procedures for drafting and reviewing programs and projects under this Law must also be reviewed for the financial plan of the program and project and the financial capacity of the investor in accordance with the laws on public debt management and other relevant laws.

5. The agency or unit primarily responsible for the review must seek the opinions of related agencies, examine the procedures, processes, timelines, and opinions of the sponsor.

Article 46. Adjustment of Programs and Projects

1. The competent authority deciding on programs pursuant to Article 39 of this Law shall implement adjustments to programs in the following cases:

a) When adjusting objectives and changing implementation conditions in strategies, plans, and socio-economic development plans;

b) When adjusting or suspending the investment policy of the competent authority;

c) Due to force majeure factors that change the program's objectives, investment content, costs, and implementation time.

2. The competent authority deciding on projects pursuant to Article 39 of this Law shall implement adjustments to projects in the following cases:

a) Due to force majeure factors that change the project's objectives, investment content, costs, and implementation time;

b) Due to the impact of natural disasters, fires, and other force majeure factors after the project's insurance period has expired;

c) The appearance of financial and socio-economic factors providing higher efficiency due to project adjustments and approved by the competent authority;

d) When planning adjustments directly affect the project;

đ) When the price index during the project's implementation exceeds the price index used for calculating inflation reserves in the total project investment amount decided by the competent authority.

3. The competent authority may only adjust programs and projects after conducting inspections and evaluations as prescribed by this Law.

4. The procedures and contents for establishing and reviewing program and project adjustments shall be implemented according to the Government's regulations.

Article 47. Contents of Feasibility Study Reports for Programs and Projects

1. The feasibility study report for public investment programs includes the following main contents:

a) The necessity of investment;

b) Evaluation of the current status of the industry or sector within the program's objectives and scope; urgent issues that need to be addressed in the program;

c) General and specific objectives, results, and key indicators in each phase;

d) Scope and scale of the program;

đ) Component projects under the program required to achieve the program's objectives, their priority order, and implementation time;

e) Estimated total capital for implementing the program, allocation of capital according to objectives, component projects, and implementation time, sources of capital, and funding mobilization plans;

g) Estimated time frame and progress of the program;

h) Solutions for implementing the program; mechanisms and policies applicable to the program; integration and coordination with other programs;

i) Requirements for international cooperation (if any);

k) Implementation organization of the program;

l) Overall economic and social effectiveness evaluation of the program.

2. The feasibility study report for projects without construction components includes the following main contents:

a) The necessity of investment;

b) Evaluation of compatibility with socio-economic development plans and industry development plans;

c) Analysis and determination of the project's objectives, tasks, and outputs; analysis and selection of appropriate scale; determination of phased investment; selection of investment form;

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

đ) Analysis and selection of technical solutions, equipment;

e) Organization management and operation plan for the project;

g) Environmental impact assessment and environmental protection measures;

h) Comprehensive resettlement and land clearance plan;

i) Estimated project implementation schedule; key investment milestones;

k) Determination of total investment cost, capital structure, and funding mobilization plan;

l) Determination of operating, maintenance, repair, and major overhaul costs during the project's operational phase;

m) Project management organization, including identification of the investor, analysis and selection of project management forms, relationships and responsibilities of relevant subjects during the project implementation process, organizational structure for managing and operating the project;

n) Investment efficiency analysis, including economic and social impacts, security, defense, and investment recovery capacity (if any).

3. The contents of the feasibility study report for projects with construction components shall be carried out in accordance with laws on construction and other related laws.

Article 48. Documents, contents, and time for reviewing programs and projects

1. The documents for reviewing programs and projects include:

a) The application for reviewing programs and projects;

b) Feasibility study reports on programs and projects;

c) Other related documents.

2. The contents and time for reviewing programs and projects shall be in accordance with the provisions of the Government.

Chapter III

ESTABLISHING, REVIEWING, APPROVING AND

 ASSIGNING THE PUBLIC INVESTMENT PLAN

Section 1

GENERAL PROVISIONS

Article 49. Classification of public investment plans

1. Public investment plans are classified according to the planning period, including:

a) Medium-term public investment plans established within a five-year period, consistent with the national socio-economic development plan for five years;

b) Annual public investment plans to implement medium-term public investment plans, consistent with the annual socio-economic development goals and the annual public investment budget balance.

2. Public investment plans are classified according to management levels, including:

a) National public investment plans;

b) Public investment plans of ministries and central agencies;

c) Public investment plans of local authorities at various levels.

3. Public investment plans are classified according to sources of investment capital, including:

a) Central government budget investment plans, including sectoral and field investments by central ministries, agencies, the Central Committee of the Vietnam Fatherland Front, political-social organizations, other agencies and organizations, and public investment programs using central government budget funds for sectors, ministries, and localities;

b) Local government budget-balanced investment plans;

c) Investment plans from retained revenue for investment but not yet included in the state budget balance;

d) National treasury bond investment plans, government bond investment plans;

đ) State development credit investment plans;

e) Local government bond investment plans, other loans from the local government budget for investment;

g) Official Development Assistance (ODA) investment plans and preferential loans from foreign sponsors.

Article 50. Basis for establishing medium-term and annual public investment plans

1. The basis for establishing medium-term public investment plans includes:

a) The situation and results of implementing the five-year socio-economic development plan and the medium-term public investment plan in the previous phase;

b) The socio-economic development strategy; the five-year socio-economic development plan of the country, sectors, fields, and localities; the national debt strategy; priority investment targets in the five-year plan of the country, sectors, fields, and localities;

c) Sector development master plans; related approved master plans;

d) Needs and forecasts of mobilizing various sources of investment capital to build economic and social infrastructure, the ability to balance the state budget, national treasury bonds, government bonds, and retained revenue for investment but not yet included in the state budget balance;

đ) Forecasts of the impact of global and domestic situations on development and the ability to mobilize various sources of investment capital;

e) Mechanisms and policies to attract various sources of investment capital from different economic components to build economic and social infrastructure.

2. The basis for establishing annual public investment plans includes:

a) The situation and results of implementing the national, sectoral, field, and local socio-economic development plans; the results of implementing the previous year's public investment plan;

b) The annual socio-economic development plan;

c) The medium-term public investment plan; urgent and unforeseen tasks that have emerged but were not included in the medium-term public investment plan;

d) Needs and the ability to balance resources for investing in building economic and social infrastructure in the planned year.

Article 51. Principles for Formulating the Medium-Term and Annual State Investment Plans

1. In accordance with the development goals set out in the economic and social development strategy, the five-year and annual national economic and social development plans, sectoral and regional plans, and approved master plans.

2. Consistent with the ability to balance state investment capital sources and attract other economic sectors' investment funds; ensuring macroeconomic balance and prioritizing public debt safety.

3. The allocation of state investment capital must comply with principles, criteria, and allocation standards for state investment capital in each phase as approved by the competent authority.

4. Prioritizing capital allocation for sectors, fields, and regions according to development goals and orientations for each period.

5. Ensuring transparency, fairness, and openness.

6. Ensuring centralized and unified management regarding objectives, mechanisms, and policies; implementing decentralized management in investment to enhance the autonomy of ministries, sectors, and localities in accordance with the law to improve investment efficiency.

7. The annual state investment plan must be consistent with the medium-term state investment plan that has been approved.

Article 52. Contents of the Report on the Medium-Term State Investment Plan to be Submitted for Approval by the Competent Authority

1. Implementation situation and results of the previous investment plan phase.

2. Economic and social development goals; investment goals and orientations in the medium term.

3. Ability to mobilize and balance various funding sources; projected total investment amount to achieve economic and social development goals, sectoral and field targets in the medium term, including investment preparation funds, project implementation funds, repayment of advance payments, and repayment of other loans from the local budget for investment.

4. Principles and criteria for allocating medium-term state investment plan capital.

5. Prioritization order, selection of project portfolios, and specific capital allocation for each project in the medium term, consistent with the ability to balance state investment capital and mobilize other funding sources to achieve development goals, tasks, and orientations in the five-year socio-economic development plan.

6. Implementation solutions and expected outcomes.

Article 53. Contents of the Report on the Annual State Investment Plan to be Submitted for Approval by the Competent Authority

1. Implementation situation of the previous year's state investment plan.

2. Investment orientation in the planned year.

3. Ability to mobilize and balance various funding sources for implementation in the planned year.

4. Selection of project portfolios and specific capital allocation for each project consistent with the medium-term state investment plan project portfolio and the ability to balance annual plan funding.

5. Management and implementation solutions and expected outcomes.

Article 54. Principles for Allocating Capital in the Medium-Term and Annual State Investment Plans for Programs and Projects

1. To achieve development goals and orientations set forth in strategies, economic and social development plans, and approved master plans. No allocation of capital for programs and projects not within the scope of public investment.

2. Compliance with principles, criteria, and allocation standards decided by the competent authority.

3. Concentrating capital allocation for state investment to complete and accelerate progress on important national programs and key projects significantly impacting the country's economic and social development at all levels and sectors.

4. Within each sector and field, capital allocation follows the following priority order:

a) Completed projects handed over for use but not fully funded; projects expected to be completed during the planning period; counterpart funds for projects using ODA and preferential foreign loan funds; state investment funds participating in projects under public-private partnership forms;

b) Continuing projects implemented according to the approved schedule;

c) New projects starting that meet the requirements stipulated in Clause 5 of this Article.

5. Allocation of capital in the plan for new start projects must meet the following requirements:

a) Programs and projects that are necessary and have sufficient conditions to be allocated capital in accordance with Articles 55 and 56 of this Law;

b) After allocating funds to settle outstanding construction debts as provided for in Clause 2 of Article 106 of this Law;

c) Ensuring sufficient funding to complete programs and projects according to the approved investment schedule.

6. The Government shall specify the contingency reserve amount in the medium-term state investment plan to address issues arising during the implementation of the medium-term state investment plan.

Article 55. Conditions for programs and projects to be allocated capital under the medium-term public investment plan

1. Have been decided on the investment orientation by the competent authority.

2. Clearly identify the sources of capital and the ability to balance capital to implement the program or project.

3. Comply with the provisions of the law regarding principles and criteria for allocating public investment capital.

Article 56. Conditions for programs and projects to be allocated capital under the annual public investment plan

1. The program or project must be included in the list of the medium-term public investment plan, except for urgent projects as provided for in Clause 1 and Clause 3 of Article 33 of this Law.

2. The program or project has been decided upon by the competent authority.

3. There must be international agreements concerning ODA and preferential loan capital that have been signed for programs and projects using ODA and preferential loan capital from foreign donors.

4. New construction projects can only be allocated capital after completing all investment procedures as prescribed by the Government.

Article 57. Capital for investment preparation and project implementation in the medium-term and annual public investment plans

1. Investment preparation capital shall be allocated for:

a) Preparing, reviewing, and deciding on the investment orientation of the project;

b) Preparing, reviewing, and deciding on the investment of the project.

2. Project implementation capital shall be allocated for land clearance, technical design preparation, construction drawing preparation, project budget preparation, or part of the project budget, and organizing construction for projects that have been completed but not fully funded, projects expected to be completed, ongoing projects, and new start-up projects.

3. The balancing of investment preparation capital and project implementation capital shall be carried out in accordance with the regulations of the Government.

Article 58. Procedures for preparing and reviewing the medium-term public investment plan

1. Before March 31 of the fourth year of the previous medium-term public investment plan period, based on the goals, strategic directions, and five-year socio-economic development plan, the Prime Minister issues regulations on the preparation of the medium-term public investment plan for the next period, including objectives, directions, and tasks assigned for the development of the medium-term public investment plan.

2. Before May 15 of the fourth year of the previous medium-term public investment plan period, the Ministry of Planning and Investment guides ministries, sectors, and localities on the objectives, requirements, contents, timeframes, and progress of preparing the medium-term public investment plan for the next period.

3. Based on the Prime Minister's regulations and the guidance of the Ministry of Planning and Investment, central agencies, central agencies of the Vietnam Fatherland Front, and other political-social organizations, and other agencies and organizations:

a) Assign specialized agencies managing investment to guide the preparation of the medium-term public investment plan;

b) Assign subordinate units using public investment capital to prepare the medium-term public investment plan for the next period within their assigned tasks, report to higher-level agencies for review before September 15 of the fourth year of the previous medium-term public investment plan period, and submit to the specialized agency managing investment before October 15 of the fourth year of the previous medium-term public investment plan period;

c) Assign the specialized agency managing investment to organize the review of the medium-term public investment plan for the next period before November 15 of the fourth year of the previous medium-term public investment plan period;

d) Assign the specialized agency managing investment to prepare the medium-term public investment plan for submission to the competent authority for review, completion, and submission to the Ministry of Planning and Investment and the Ministry of Finance before December 31 of the fourth year of the previous medium-term public investment plan period.

4. Based on the Prime Minister's regulations and the guidance of the Ministry of Planning and Investment, provincial People's Committees:

a) Before June 15 of the fourth year of the previous medium-term public investment plan period, guide local agencies and units to prepare the medium-term public investment plan for the next period;

b) Assign agencies and units using public investment capital to organize the preparation and review of the medium-term public investment plan for the next period within their assigned tasks and sources of capital under their management, report to higher-level agencies for review before September 15 of the fourth year of the previous medium-term public investment plan period, and submit to the Department of Planning and Investment before October 15 of the fourth year of the previous medium-term public investment plan period;

c) Organize the review or assign the Department of Planning and Investment to review the medium-term public investment plan of provincial departments and sectors before November 15 of the fourth year of the previous medium-term public investment plan period;

d) Assign the Department of Planning and Investment to prepare the provincial medium-term public investment plan for the next period, submit it to the provincial People's Committee for review before November 30 of the fourth year of the previous medium-term public investment plan period;

đ) Submit the draft medium-term public investment plan for the next period to the Provincial People's Council for comments, including detailed lists of projects using public investment capital and the amount of capital allocated to each project;

e) Complete the medium-term public investment plan for the next period and submit it to the Ministry of Planning and Investment and the Ministry of Finance before December 31 of the fourth year of the previous medium-term public investment plan period.

5. District and commune People's Committees prepare, review, or assign specialized agencies managing investment to organize the preparation and review of the medium-term public investment plan for the next period at their level, submit it to the same-level People's Council for comments, and send it to the provincial People's Committee according to Clause 4, Point a of this Article.

6. Before January 31 of the fifth year of the previous medium-term public investment plan period, the Ministry of Finance, in collaboration with the Ministry of Planning and Investment, forecasts state budget revenue and expenditure for the next period; assesses the capacity to mobilize national treasury bonds and government bond capital.

7. From February 1 to April 30 of the fifth year of the previous medium-term public investment plan period, the Ministry of Planning and Investment leads the review of the plan and the allocation scheme for capital:

a) Medium-term investment plan capital from the state budget, national treasury bonds, government bonds, state development credit capital, ODA and preferential loan capital from foreign donors, and retained revenue for investment but not yet balanced in the state budget of central ministries, central agencies of the Vietnam Fatherland Front, and other political-social organizations, and other agencies and organizations;

b) The medium-term investment plan for central budget capital, national treasury bonds capital, government bond capital, ODA capital, and preferential loan capital from foreign sponsors of the Provincial People's Council.

8. After receiving the review opinion of the Ministry of Planning and Investment, the Provincial People's Council:

a) Assigns the District People's Council and Commune People's Council to complete their own medium-term public investment plans, report to the same-level People's Council for comments, and submit to the Provincial People's Council before May 31 of the fifth year of the previous medium-term public investment period;

b) Assigns the Department of Planning and Investment to complete its own medium-term public investment plan, report to the Provincial People's Council to present to the same-level People's Council before June 15 of the fifth year of the previous medium-term public investment period;

c) Completes the medium-term public investment plan for the subsequent phase and sends it to the Ministry of Planning and Investment and the Ministry of Finance before June 30 of the fifth year of the previous medium-term public investment period.

9. After receiving the review opinion of the Ministry of Planning and Investment, ministries, central agencies, central agencies of the Vietnam Fatherland Front, and political-social organizations, as well as other agencies and organizations, shall complete the medium-term public investment plan for the subsequent phase and send it to the Ministry of Planning and Investment and the Ministry of Finance before June 30 of the fifth year of the previous medium-term public investment period.

10. Before July 31 of the fifth year of the previous medium-term public investment period, the Ministry of Planning and Investment will compile the medium-term public investment plan and report to the Government.

Article 59. Procedures for Establishing and Reviewing Annual Public Investment Plans

1. Before May 15 each year, the Prime Minister issues regulations on the establishment of the economic and social development plan and the state budget estimate for the following year, including objectives, main directions, and assignments for implementing the construction of the annual public investment plan for the following year.

2. Before June 15 each year, the Ministry of Planning and Investment guides ministries, sectors, and localities on the economic and social development plan and the goals, requirements, contents, timeframes, and progress of establishing the annual public investment plan for the following year.

3. Before June 30 each year, ministries, sectors, and localities guide subordinate agencies and units in establishing the annual public investment plan for the following year.

4. Before July 20 each year, specialized management agencies for investment, the Department of Planning and Investment organize the establishment, review, and consolidation of the annual public investment plan within their assigned tasks and under their management of funds, and report to the same-level People's Council.

5. Before July 25 each year, the People's Council reports to the same-level People's Council for approval of the draft annual public investment plan for the following year, including detailed project lists and funding allocations for each project according to each source of funding, and submits the approved draft to higher-level agencies.

6. Before July 31 each year, ministries, sectors, and localities complete the draft annual public investment plan for the following year and send it to the Ministry of Planning and Investment and the Ministry of Finance.

7. Before August 15 each year, the Ministry of Finance, in collaboration with the Ministry of Planning and Investment, forecasts the revenue and expenditure of the state budget and the investment capital from the state budget, issuance of national treasury bonds, and government bonds for the following year.

8. Before August 31 each year, the Ministry of Planning and Investment leads the review of the plan and the allocation scheme for the annual public investment plan for the following year:

a) State budget capital, national treasury bonds capital, and government bond capital; state credit investment development capital; ODA capital and preferential loan capital from foreign sponsors of ministries, sectors, and localities;

b) Capital from retained revenue for investment but not yet included in the state budget balance of ministries, central agencies, central agencies of the Vietnam Fatherland Front, and political-social organizations, as well as other agencies and organizations.

9. Before September 10 each year, after receiving the review opinion of the Ministry of Planning and Investment, ministries, sectors, and localities shall complete the draft annual public investment plan for the following year and send it to the Ministry of Planning and Investment and the Ministry of Finance.

10. Before September 20 each year, the Ministry of Planning and Investment compiles the national annual public investment plan and reports to the Government.

11. The procedures for establishing, reviewing, approving, and assigning the state budget capital, national treasury bonds capital, government bond capital, local government bond capital, capital from retained revenue for investment but not yet included in the state budget balance, and local government loans for investment are carried out in accordance with the regulations of the Government.

Section 2

ESTABLISHING, REVIEWING, APPROVING AND ASSIGNING THE STATE BUDGET CAPITAL, NATIONAL TREASURY BONDS CAPITAL, GOVERNMENT BOND CAPITAL, LOCAL GOVERNMENT BOND CAPITAL, CAPITAL FROM RETAINED REVENUE FOR INVESTMENT BUT NOT YET INCLUDED IN THE STATE BUDGET BALANCE, AND LOCAL GOVERNMENT LOANS FOR INVESTMENT

Article 60. Principles for selecting project portfolios and anticipated capital allocation for each project in the medium-term investment plan and annual state budget capital

1. Implement according to the provisions of Articles 54, 55, 56, and 57 of this Law.

2. Be consistent with the state budget capital balancing capacity in the medium-term public investment plan and annually, anticipate the ability to mobilize other sources of investment capital for projects using multiple sources of investment capital.

3. Belong to the state budget investment development expenditure program that has been approved.

4. Projects utilizing state budget capital not under their own management must be appraised by the competent authority regarding the source of capital and the capacity to balance capital.

5. Be consistent with the principles, criteria, and capital allocation standards for state budget investment development during the planning period as prescribed by the Government.

6. The level of capital allocated for each program and project shall not exceed the total capital level of the program and project that has been approved.

Article 61. Principles for selecting project portfolios and anticipated capital allocation for each project in the medium-term investment plan and annual local budget balancing capital

1. Implement according to the provisions of Articles 54, 55, 56, 57, Clause 5 and Clause 6 of Article 60 of this Law.

2. Be consistent with the local budget revenue and expenditure balancing capacity, the medium-term public investment plan and annually, the ability to mobilize other sources of investment capital for projects using multiple sources of investment capital.

3. Belong to the local budget balancing investment development expenditure program that has been approved.

4. Projects utilizing local budget capital not under their own management must be appraised by the competent authority regarding the source of capital and the capacity to balance capital.

Article 62. Principles for selecting project portfolios and anticipated capital allocation for each project in the medium-term investment plan and annual capital from retained revenue for investment but not yet included in the local budget balancing

1. Implement according to the provisions of Article 60 of this Law.

2. The allocation and utilization of capital from retained revenue for investment but not yet included in the local budget balancing must comply with the objectives stipulated in the National Assembly's resolution and the Government's regulations.

Article 63. Principles for selecting project portfolios and anticipated capital allocation for each project in the medium-term investment plan and annual capital from local government bond, and other loans of the local budget for investment

1. Implement according to the provisions of Articles 51 and 54 of this Law.

2. Be consistent with the ability to mobilize loan sources and other mobilized sources.

3. Ensure the capacity to balance the local budget to repay local government bonds and other loans of the local budget according to the specified time frame.

4. Not to use supplementary targeted central government budget capital, government bonds to repay local government bonds and other loans of the local budget.

5. Not to use local budget investment balancing capital to pay interest and fees on local government bonds and other loans of the local budget, except for interest and fees included in the total investment amount of each project that has been approved.

6. The project portfolio using local government bonds and other loans of the local budget must belong to the project portfolio in the medium-term national budget investment plan that has been approved. The level of capital allocated for projects shall not exceed the planned capital level of the medium-term national budget investment plan that has been approved.

7. The project portfolio using other loans of the local budget must belong to the project portfolio in the medium-term national budget investment plan that has been approved. The level of capital allocated for projects shall not exceed the planned capital level of the medium-term national budget investment plan that has been approved.

Article 64. Principles for selecting project categories and anticipated capital allocation for each project in the medium-term investment plan and annual state loan capital and government bond capital

1. Implement according to the provisions of Articles 54, 55, 56, and 57 of this Law.

2. In line with the ability to mobilize state loan capital and government bond capital in the medium-term public investment plan and annually.

3. Belonging to the category of projects using state loan capital and government bond capital.

4. Having been reviewed by the competent authority regarding the source of capital and the ability to balance capital.

5. Consistent with the principles, criteria, and allocation standards for state loan capital and government bond capital during the planning period as prescribed by the Government.

6. The level of capital allocated for each program and project shall not exceed the total capital level of the program and project that has been approved.

Article 65. Submission, Approval, and Allocation of the Medium-Term Investment Plan for State Budget Capital, State Loan Capital, and Government Bond Capital

1. Before October 20 of the fifth year of the previous medium-term public investment plan phase, the Government submits to the National Assembly the medium-term investment plan for state budget capital, state loan capital, and government bond capital for the subsequent phase.

2. Before November 10 of the fifth year of the previous medium-term public investment plan phase, the National Assembly decides on the medium-term public investment plan for the subsequent phase, including the following contents:

a) Objectives and directions for medium-term investment in state budget capital, state loan capital, and government bond capital nationwide;

b) Total investment capital from the state budget;

c) Total state loan capital and government bond capital;

d) List of national target programs and important national projects;

đ) Main solutions and policies to implement the medium-term public investment plan.

3. Before December 10 of the fifth year of the previous medium-term public investment plan phase, the Prime Minister allocates the medium-term investment plan for state budget capital, state loan capital, and government bond capital to ministries, sectors, and localities.

4. Before December 31 of the fifth year of the previous medium-term public investment plan phase, the Ministry of Planning and Investment allocates detailed plans for medium-term investment in central state budget capital, state loan capital, and government bond capital to ministries, sectors, and localities.

Article 66. Submission, Approval, and Allocation of the Annual Investment Plan for State Budget Capital, State Loan Capital, and Government Bond Capital

1. Before October 20 each year, the Government submits to the National Assembly the annual investment plan for state budget capital for the following year.

2. Before November 20 each year, the National Assembly decides on the annual investment plan for state budget capital for the following year.

3. Before November 20 each year, based on the total amount of state loan capital and government bond capital decided by the National Assembly in the medium-term public investment plan, the Government decides on the total amount of the annual investment plan for state loan capital and government bond capital for the following year.

4. Before November 30 each year, the Prime Minister allocates the annual investment plan for state budget capital for the following year according to the total amount decided by the National Assembly to ministries, sectors, and localities.

5. Before December 15 each year, the Prime Minister allocates detailed lists and total amounts of the annual investment plan for central state budget capital, state loan capital, and government bond capital for the following year to ministries, sectors, and localities.

6. Before December 20 each year, the Ministry of Planning and Investment allocates detailed lists and amounts of the annual investment plan for central state budget capital, state loan capital, and government bond capital for each project for the following year to ministries, sectors, and localities.

7. Before December 31 each year, ministries, sectors, and localities allocate or notify the annual investment plan for central state budget capital, state loan capital, and government bond capital for the following year to units.

Article 67. Submission, Approval, and Allocation of Medium-Term Investment Plan for Local State Budget Balanced Funds, Local Government Bond Funds, Funds from Retained Revenues for Investment Not Yet Included in the Local State Budget Balance, and Other Local State Budget Loans for Investment

1. Before November 10 of the fifth year of the previous medium-term public investment plan period, the People's Committee shall submit to the People's Council at the same level the medium-term public investment plan, including the list of programs, projects, and funding levels allocated to each project according to each source of funds within the medium-term public investment plan.

2. Before December 20 of the fifth year of the previous medium-term public investment plan period, the Provincial People's Council shall decide on the medium-term public investment plan, including the total funding level of the medium-term public investment plan, the list, and the funding levels allocated to each project according to each source of funds.

3. Before December 25 of the fifth year of the previous medium-term public investment plan period, the District and Commune People's Councils shall decide on their own medium-term public investment plans, including the total funding level of the medium-term public investment plan, the list, and the local state budget balanced funds, retained revenue funds for investment not yet included in the local state budget balance allocated to each project.

4. Before December 31 of the fifth year of the previous medium-term public investment plan period, the People's Committees at all levels shall allocate the medium-term public investment plan to implementing units.

Article 68. Submission, Approval, and Allocation of Annual Investment Plan for Local State Budget Balanced Funds, Local Government Bond Funds, Funds from Retained Revenues for Investment Not Yet Included in the Local State Budget Balance, and Other Local State Budget Loans for Investment

1. Before November 20 of each year, the People's Committee shall submit to the People's Council at the same level the next year's investment plan, including the list and funding levels allocated to each project according to each source of funds.

2. Before December 10 of each year, the Provincial People's Council shall decide on its own next year's investment plan, including the list and funding levels allocated to each project according to each source of funds.

3. Before December 20 of each year, the District and Commune People's Councils shall decide on their own next year's investment plan, including the list and local state budget balanced funds, retained revenue funds for investment not yet included in the local state budget balance allocated to each project.

4. Before December 31 of each year, the People's Committees at all levels shall allocate the next year's investment plan to implementing units.

Section 3

ESTABLISHMENT, REVIEW, APPROVAL, AND ALLOCATION OF INVESTMENT PLANS FOR STATE DEVELOPMENT LOAN FUNDS, ODA FUNDS, AND FOREIGN DONOR LOAN FUNDS

Article 69. Establishment, Review, Approval, and Allocation of Investment Plans for State Development Loan Funds

1. Principles for Establishing Investment Plans for State Development Loan Funds:

a) Projects must have the ability to recover capital, be effective, and have the capacity to repay debt, belonging to industries and sectors eligible for state development loan funds;

b) The project owner borrowing funds must use the borrowed funds for their intended purpose; fully and timely repay the principal and interest according to the signed credit agreement; and fulfill all commitments in the contract and legal regulations.

The Government shall stipulate the industries and sectors and the amount of loans for projects using state development loan funds; the review of financial plans and repayment plans for each project's loaned capital.

2. The establishment and review of medium-term and annual investment plans for state development loan funds shall be carried out in accordance with Articles 50, 51, 52, 53, 55, 56, 58, and 59 of this Law.

3. The allocation of medium-term investment plans for state development loan funds shall be implemented as follows:

a) Before December 10 of the fifth year of the previous medium-term public investment plan period, the Prime Minister shall allocate the total level of the medium-term investment plan for state development loan funds for the subsequent period;

b) Before December 31 of the fifth year of the previous medium-term public investment plan period, the Ministry of Planning and Investment shall allocate the medium-term investment plan for state development loan funds for the subsequent period by industry, sector, and program.

4. The allocation of annual investment plans for state development loan funds shall be implemented as follows:

a) Before December 15 of each year, the Prime Minister shall allocate the total level of the next year's investment plan;

b) Before December 20 of each year, the Ministry of Planning and Investment shall allocate the next year's investment plan by industry, sector, and program.

Article 70. Principles for Compiling Medium-Term and Annual Investment Plans for ODA and Preferential Loan Funds from Foreign Donors

1. Medium-term and annual investment plans for ODA and preferential loan funds from foreign donors must be developed based on the annual implementation plans for programs and projects approved by competent authorities and the commitments made with foreign donors.

2. Medium-term and annual investment plans for ODA and preferential loan funds from foreign donors must meet the following requirements:

a) They must include contents for each component; each main activity of the program or project; each source of donor funding, counterpart funding, and other sources of funding; explanatory reports on the basis and grounds for calculating each item.

b) For mixed programs or projects using both investment and operating funds, the management agency shall compile and submit plans for ODA and preferential loan funds from foreign donors, and counterpart funding shall be allocated according to the specific budget items of the program or project.

c) For programs or projects managed by multiple agencies, each agency or unit shall be responsible for compiling plans for the parts of the program or project that they implement. In cases where there is a lead coordinating agency, the coordinating agency shall be responsible for consolidating the overall plan for the program or project.

d) The medium-term and annual public investment plans must adequately balance counterpart funding in accordance with commitments to foreign donors, consistent with the actual disbursement capacity of the program or project annually. With the Prime Minister's approval, based on consensus with foreign donors, ODA and preferential loan funds from foreign donors can be used as counterpart funding.

Article 71. Compilation, Review, and Approval of Investment Plans for ODA and Preferential Loan Funds from Foreign Donors

1. Implementation in accordance with the provisions of Articles 50, 51, 52, 53, 55, 56, 58, 59, and 70 of this Law.

2. Compilation of comprehensive investment plans and detailed annual expenditure plans for programs and projects:

a) Comprehensive investment plans are compiled for the entire duration of implementing the program or project and must include all components, items, groups of activities, resources, and progress schedules.

b) Within 45 days from the date of signing international agreements on ODA and preferential loan funds from foreign donors, based on the program or project documentation approved by competent authorities and the international agreement on ODA and preferential loan funds from foreign donors, the program leader, the investor, and the donor shall cooperate to establish or review and update the comprehensive investment plan for submission to the supervising authority for examination and approval.

c) For programs or projects with multiple sub-projects, the investment plan for the program or project includes the comprehensive investment plan and detailed plans for each sub-project. The head of the supervising agency for the program or project approves the comprehensive investment plan for the program or project; the head of the supervising agency for the sub-project approves the investment plan for the sub-project.

d) Within 10 days from the date of approving the investment plan for the program or project, the supervising agency sends the decision approving the investment plan along with the plan for the program or project to the Ministry of Planning and Investment, relevant agencies, and the donor to serve monitoring, evaluation, and coordination in implementing the program or project.

3. Submission, Approval, and Allocation of Investment Plans for ODA and Preferential Loan Funds from Foreign Donors:

a) Submission, approval, and allocation of investment plans for ODA and preferential loan funds from foreign donors balanced within the state budget are carried out in accordance with the provisions of Articles 65 and 66 of this Law.

b) Submission, approval, and allocation of investment plans for ODA and preferential loan funds from foreign donors applying domestic financial mechanisms through rescheduling are implemented in accordance with the provisions of Article 69 of this Law.

Chapter IV

IMPLEMENTATION AND MONITORING, INSPECTION, EVALUATION, AUDIT OF PUBLIC INVESTMENT PLANS

Section 1

IMPLEMENTATION OF PUBLIC INVESTMENT PLANS

Article 72. Organization and Implementation of the State Investment Plan

1. Based on the resolution of the National Assembly on the medium-term and annual state investment plans, the Government shall stipulate organizational and implementation measures.

2. Based on the resolutions of the National Assembly, the decisions to assign plans by competent authorities, and the resolutions of People's Councils at all levels on the medium-term and annual state investment plans, ministries, sectors, localities, People's Committees at district and commune levels, and units using state investment capital shall decide on organizational and management measures for the state investment plans under their management.

3. The Prime Minister shall coordinate and integrate various sources of capital for implementing investment programs using state budget funds, national treasury bonds, government bonds of ministries, sectors, localities, and units using state investment capital without changing the objectives of the programs and projects.

4. The Chairman of the Provincial People's Committee shall decide on coordinating and integrating various sources of capital for implementing programs and projects using balanced provincial budgets, local government bonds, retained revenue for investment but not included in the provincial budget balance, and other loans from the provincial budget for investment without changing the objectives of the programs and projects.

Article 73. Compliance with the State Investment Plan

1. Ministries, sectors, localities, People's Committees at district and commune levels:

a) Announce or decide to assign the state investment plan to units using state investment capital;

b) Report to the competent authority on the assignment of the state investment plan.

2. Units using state investment capital report to the competent authority on the implementation of the plan according to the regulations of the Government.

3. The Ministry of Planning and Investment and specialized agencies managing state investment have the responsibility to inspect and urge compliance with the assignment and execution of the state investment plan according to the decision of the competent authority.

Article 74. Implementation of the State Investment Plan

1. Ministries, sectors, localities, People's Committees at district and commune levels, and units using state investment capital:

a) Implement the state investment plan in accordance with the objectives decided by the competent authority;

b) Carry out projects according to the schedule and capital plan decided by the competent authority;

c) Develop bidding plans and organize the selection of contractors for packages within projects allocated capital according to the state investment plan decided by the competent authority;

d) Organize acceptance and payment according to the contract for completed and handed-over packages;

đ) Balance various sources of capital to settle outstanding construction debts according to Clause 2, Article 106 of this Law;

e) Ensure that the scope and scale of each project comply with the approved objectives, fields, and programs and the allocated capital plan;

g) Monitor, inspect, and evaluate the implementation of the state investment plan.

2. The Ministry of Planning and Investment shall guide, monitor, inspect, and audit the implementation of medium-term and annual state investment plans of ministries, central agencies, and provincial People's Committees.

3. The Ministry of Finance shall ensure full payment of capital according to the state investment plan decided by the competent authority.

4. The Government shall provide detailed regulations on the implementation of the state investment plan.

Article 75. Adjustment of Public Investment Plan

1. The National Assembly decides to adjust the overall mid-term and annual public investment plan for state budget capital, national treasury bonds, and government bonds in the following cases:

a) Due to adjustments in the strategic and development goals of the national economy and society;

b) Due to sudden changes in the state budget balance or the ability to mobilize various sources of capital.

2. The Standing Committee of the National Assembly decides to adjust the mid-term and annual public investment plan for state budget capital, national treasury bonds, and government bonds among ministries, sectors, and localities when there is no change in the total amount of mid-term and annual public investment plans already decided by the National Assembly.

3. The Prime Minister, based on specific circumstances during the planning period, decides to adjust:

a) The mid-term public investment plan for central state budget capital, national treasury bonds, and government bonds allocated to ministries, sectors, and localities according to Clause 3, Article 65 of this Law within the total amount of each ministry, sector, and locality already decided by the National Assembly;

b) The annual public investment plan for central state budget capital, national treasury bonds, and government bonds among sectors, fields, and programs of the specified entities according to Clause 4 and Clause 5, Article 66 of this Law;

c) The mid-term and annual public investment plan for state credit investment capital;

d) The mid-term and annual public investment plan for programs and projects using ODA and preferential loans from foreign donors within the management agencies.

4. Ministry of Planning and Investment:

a) Take the lead in reviewing adjustment proposals for the mid-term and annual public investment plan for central state budget capital, national treasury bonds, and government bonds among sectors, fields, and programs of ministries, sectors, and localities, report to the Prime Minister for consideration and decision;

b) Take the lead in reviewing adjustment proposals for the mid-term public investment plan for central state budget capital, national treasury bonds, and government bonds within sectors, fields, and programs of ministries, sectors, and localities, report to the Prime Minister for consideration and decision;

c) Adjust the annual public investment plan for central state budget capital, national treasury bonds, and government bonds within sectors, fields, and programs of ministries, sectors, and localities but not exceeding the total amount of mid-term public investment plan for each project already decided by the competent authority.

Before March 31 each year, the Ministry of Planning and Investment compiles and reports to the Prime Minister on the adjustment of the previous year's public investment plan as stipulated herein.

5. The People's Councils at provincial level decide to adjust the mid-term and annual public investment plan for locally balanced budget capital, local government bonds, retained revenue for investment that has not been included in the local budget balance, and other loan funds of the local budget for investment in the following cases:

a) Due to adjustments in the development goals of the local economy and society;

b) Due to sudden changes in the local budget revenue balance or the ability to mobilize various sources of capital of the locality;

c) Due to changes in the need for use or implementation capacity of the annual public investment plan between local agencies and units.

6. The People's Committees at all levels decide to adjust the mid-term and annual public investment plan for locally balanced budget capital, local government bonds, retained revenue for investment that has not been included in the local budget balance, and other loan funds of the local budget for investment among sectors, fields, and programs and within sectors, fields, and programs of units utilizing these sources of capital, and report to the same-level People's Council at the nearest session.

Article 76. Time for Implementation and Disbursement of Capital under the Medium-Term and Annual Public Investment Plans

1. For projects using state budget capital, national treasury bonds, government bonds, local government bonds, and retained revenue for investment but not yet included in the state budget:

a) The time for implementation and disbursement of capital under the medium-term public investment plan from the beginning to December 31 of the first year of the subsequent medium-term public investment period;

b) The time for disbursement of capital under the annual public investment plan may be extended to the following year. In special cases, with permission from the competent authority, the disbursement time may be extended but not beyond the medium-term public investment plan.

2. For programs and projects using ODA and preferential loans from foreign sponsors:

a) The time for disbursement of capital under the medium-term and annual public investment plans shall be in accordance with international agreements on ODA and preferential loans signed with foreign sponsors;

b) The portion of foreign capital in the annual public investment plan may be disbursed according to the progress of implementation and funding provided by the foreign sponsor.

3. For projects using state development credit funds, other loans from the local budget for investment, the time for disbursement of capital shall be in accordance with the loan term.

Section 2

MONITORING, INSPECTION, EVALUATION, AND AUDIT OF PUBLIC INVESTMENT PLANS, PROGRAMS, AND PROJECTS

Article 77. Monitoring and Inspection of Public Investment Plans

1. The specialized agency managing public investment organizes monitoring and inspection of public investment plans under its management.

2. The contents of monitoring and inspecting public investment plans include:

a) The situation regarding the implementation of laws on public investment;

b) The establishment, review, approval, and allocation of public investment plans;

c) The establishment, review, approval, and implementation of programs and projects allocated within the public investment plan;

d) The situation regarding the implementation of public investment plans;

đ) The situation regarding arrears in basic construction, waste, and loss in public investment.

Article 78. Evaluation of Public Investment Plans

1. Medium-term public investment plans are evaluated mid-term and at the end of the plan.

2. Annual public investment plans are evaluated periodically every quarter and annually.

3. Contents of evaluating public investment plans:

a) The degree of achievement compared to the plan approved by the competent authority;

b) The impact of the public investment plan in attracting investment from other sources and economic and social development results;

c) The feasibility of the public investment plan;

d) The situation regarding public investment management;

đ) Existing issues and limitations; reasons for these issues and limitations in implementing the public investment plan and solutions to address them.

Article 79. Monitoring and Inspection of Programs and Projects

1. The managing agency, program manager, project investor, person authorized to decide on investment in programs and projects, and the state management agency for public investment implement comprehensive monitoring and inspection of the entire investment process of programs and projects according to the approved content and indicators to ensure investment objectives and effectiveness.

2. The inspection of programs and projects is carried out as follows:

a) The program manager and project investor inspect the programs and projects they manage;

b) The managing agency and the person authorized to decide on investment organize inspections at least once for programs and projects with an implementation period exceeding 12 months;

c) The managing agency and the person authorized to decide on investment organize inspections when adjusting programs and projects that change location, objectives, scale, increase total investment, and in other necessary cases;

d) The state management agency for public investment decides to organize inspections of programs and projects according to a plan or on an ad hoc basis.

Article 80. Evaluation of Programs and Projects

1. The evaluation of programs and projects includes initial assessment, mid-term or phase assessment, final assessment, impact assessment, and ad hoc assessment.

2. For public investment programs, mid-term or phase assessment, final assessment, and impact assessment must be conducted.

3. For national key projects and Group A projects, initial assessment, mid-term assessment, final assessment, and impact assessment must be carried out.

4. For Group B and Group C projects, final assessment and impact assessment must be performed.

5. In addition to the provisions of Clauses 2, 3, and 4 of this Article, the managing agency, the authority with investment decision-making power, and the state management agency for public investment shall decide to conduct other assessments as provided in Clause 1 of this Article when necessary.

Article 81. Content of Program and Project Evaluation

1. The content of initial assessment includes:

a) Preparation work, organization, and mobilization of resources to implement the program and project in accordance with approved objectives and schedules;

b) New issues and obstacles that have emerged since the approval of the program and project;

c) Proposals for solutions to address these issues and obstacles in line with actual conditions.

2. The content of mid-term or phase assessment includes:

a) The alignment of the results achieved with the investment objectives;

b) The extent of completion of tasks up to the time of assessment compared to the approved plan;

c) Proposals for necessary measures, including adjustments to the program and project.

3. The content of final assessment includes:

a) Implementation process of the program and project: management activities, achievement of program and project goals, mobilized resources, benefits to beneficiaries, impacts, and sustainability of the program and project;

b) Lessons learned from the implementation of the program and project and recommendations; responsibilities of consulting organizations, managing agencies, program sponsors, investors, authorities with investment decision-making power, and related agencies, organizations, and individuals.

4. The content of impact assessment of the program and project includes:

a) Current economic and technical operation status;

b) Economic and social impacts;

c) Environmental and ecological impacts;

d) Project sustainability;

e) Lessons learned from investment policies, decisions, implementation, and operation of the program and project; responsibilities of consulting organizations, managing agencies, program sponsors, investors, authorities with investment decision-making power, and related agencies, organizations, and individuals.

5. The content of ad hoc assessment includes:

a) Alignment of the results achieved up to the time of assessment with the investment objectives;

b) The extent of completion of tasks up to the time of assessment compared to the approved plan;

c) Identification of unforeseen occurrences (if any), their causes, and the responsibility of relevant agencies, organizations, and individuals;

d) Impact and degree of impact of unforeseen occurrences on the implementation of the program and project, and the ability to achieve program and project goals;

e) Proposals for necessary measures.

Article 82. Community Investment Oversight

1. Programs and projects subject to community oversight. The Vietnam Fatherland Front at all levels shall take the lead in organizing the implementation of community investment oversight.

2. The managing agency shall consult with the local community regarding decisions on national key projects, Group A projects, projects involving large-scale relocation and resettlement, projects posing significant environmental risks, and projects directly impacting the economic and social life of the local community concerning investment policies, construction, land, waste management, environmental protection, compensation, land clearance, and resettlement plans as prescribed by law.

3. Contents of community investment oversight:

a) Compliance with legal provisions on investment, construction, land, waste management, and environmental protection;

b) Compensation, land clearance work, and resettlement plans ensuring the interests of the people;

c) Programs and projects utilizing part of the capital contributed by the people;

d) Implementation progress and development status of programs and projects;

đ) Transparency and openness in public investment as stipulated in Article 14 of this Law;

e) Identifying actions that harm community interests; negative impacts of projects on the living environment of the community during implementation and operation; wasteful and loss-causing actions involving project assets and capital.

Article 83. Procedures, Formalities, and Processes for Community Investment Oversight

1. The Vietnam Fatherland Front shall take the lead and coordinate with political-social organizations and relevant agencies:

a) Develop annual community investment oversight plans for programs and projects within their jurisdiction according to the contents specified in Clause 3 of Article 82 of this Law;

b) Establish a Community Investment Oversight Board for each program and project;

c) Notify the program sponsor, investor, and project management board about the oversight plan and the composition of the Community Investment Oversight Board at least 45 days before implementation.

2. The program sponsor, investor, and project management board shall be responsible for:

a) Providing complete, truthful, and timely documentation related to the implementation of programs and projects as stipulated in Clause 2 of Article 82 of this Law to the Community Investment Oversight Board;

b) Facilitating conditions for the Community Investment Oversight Board to carry out oversight in accordance with the law;

c) Adopting oversight recommendations and enhancing measures to implement the project.

Article 84. Organization of Monitoring, Inspection, and Evaluation of Plans, Programs, and Projects

1. The program sponsor and investor shall be responsible for organizing initial, mid-term, and final monitoring, inspection, and evaluation of programs and projects.

2. The managing agency, investment decision-maker, and state management body for public investment shall organize monitoring, inspection, and impact assessment, as well as ad hoc evaluations of programs and projects under their management.

3. Agencies and organizations conducting evaluations shall either conduct self-evaluations or hire qualified experts or consulting organizations to perform evaluations.

4. The Government shall provide detailed regulations on monitoring, inspection, evaluation of plans, programs, and projects, and community investment oversight.

Article 85. Inspection of Public Investment

1. The inspection activities on the management and use of public investment capital shall be carried out in accordance with the provisions of this Law and other relevant laws.

2. Inspections of public investment activities must be linked to the inspection functions and tasks of agencies, organizations, and must comply with the procedures and inspection formalities prescribed by the law on inspections.

3. Inspection conclusions on public investment activities shall be made public in accordance with the law. In cases where violations of public investment laws are discovered, the inspection agency shall handle them within its authority or transfer the case file to competent state agencies for handling.

Chapter V

TASKS, POWERS, AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN PUBLIC INVESTMENT ACTIVITIES

Article 86. Tasks and powers of the National Assembly

1. Enact laws and resolutions on public investment.

2. Decide on the investment policy for national target programs and important national projects using public investment capital.

3. Decide and adjust the medium-term and annual public investment plans.

4. Adjust criteria for classifying important national projects.

5. Supervise the implementation of public investment plans, national target programs, and important national projects; supervise the implementation of laws on public investment.

Article 87. Tasks and powers of the Government

1. Uniformly manage the State's affairs concerning public investment.

2. Submit laws and resolutions to the National Assembly for promulgation; submit ordinances and resolutions on public investment to the Standing Committee of the National Assembly for promulgation.

3. Issue legal documents on public investment management.

4. Submit to the National Assembly for decision on the investment policy for national target programs and important national projects.

5. Decide on the investment policy for national target programs as stipulated in Clause 2, Article 17 of this Law.

6. Draft and submit to the National Assembly for decision and adjustment of the medium-term and annual public investment plans.

7. Organize the implementation of the medium-term and annual public investment plans.

8. Report to the National Assembly on the implementation of the medium-term and annual public investment plans, national target programs, and important national projects.

9. Organize inspections and inspections of the implementation of the medium-term and annual public investment plans; inspect the implementation of programs and projects funded by central government budgets, national treasury bonds, government bonds, and inspect the implementation of public investment objectives and policies in localities.

Article 88. Tasks and powers of the Ministry of Planning and Investment

1. Be responsible before the Government for uniformly managing the State's affairs concerning public investment.

2. Issue or submit to competent authorities for issuance legal documents related to public investment, principles, criteria, allocation quotas, and usage standards for public investment capital.

3. Take the lead and coordinate with the Ministry of Finance to determine the total state budget investment capital, national treasury bonds, and government bonds, and state development credit investment capital in the medium-term and annual public investment plans.

4. Aggregate and submit to the Government the national medium-term and annual public investment plans.

5. Adjust or submit to competent authorities for adjustment the medium-term and annual public investment plans.

6. Be responsible before the Government for uniformly managing the State's affairs concerning ODA and preferential loans from foreign donors; act as the focal point for mobilizing, coordinating, managing, and utilizing ODA and preferential loans from foreign donors.

7. Take the lead and coordinate with relevant agencies to appraise sources of capital and the ability to balance capital for projects using central government budget funds, government bonds, and other sources of capital as prescribed by law.

8. Be responsible before the Government for uniformly managing the State's affairs concerning national target programs.

9. Organize the implementation, monitoring, inspection, evaluation, and inspection of plans, programs, projects, and other State management tasks concerning public investment.

Article 89. Tasks and Authorities of the Ministry of Finance

1. Coordinate with the Ministry of Planning and Investment to develop medium-term and annual investment plans.

2. Coordinate with the Ministry of Planning and Investment to determine the total state budget capital, national treasury bonds capital, government bond capital mobilization, and state development credit capital in the medium-term and annual public investment plans.

3. Coordinate with the Ministry of Planning and Investment to review the sources of capital and the ability to balance capital for projects using central budget capital, national treasury bonds capital, government bond capital, and other sources of capital as prescribed by law.

4. Lead and coordinate with the Ministry of Planning and Investment to guide local financial agencies to balance regular expenses to pay for costs of planning, reviewing, deciding on investment policies, approving investment decisions for programs and projects, and maintaining and operating projects put into use.

5. Report to the Government on the disbursement situation and final accounts of plans, programs, and projects.

Article 90. Tasks and Authorities of Ministries and Central Agencies

1. Implement state management functions over public investment as prescribed by law.

2. Issue, guide, inspect, and supervise the implementation of standards, technical regulations, and economic-technical norms.

3. Decide on investment policies for programs and projects according to Clause 4, Article 17 of this Law and decide on investment for programs and projects according to Clause 2, Article 39 of this Law.

4. Organize the preparation of public investment plans.

5. Monitor, evaluate, supervise, inspect, and audit the implementation of plans, programs, and projects under their jurisdiction.

6. Report on the implementation and results of plans, programs, and projects.

7. Coordinate with ministries, sectors, and localities to implement plans, programs, and projects according to assigned functions and tasks.

Article 91. Tasks and Authorities of People's Councils at All Levels

1. The People's Councils at all levels have the following tasks and authorities:

a) Decide on investment policies for programs funded entirely by locally balanced state budget capital, local government bond capital, retained revenue for investment that has not been included in the local state budget balance, and other loans from the local state budget for investment within their authority;

b) Examine and provide opinions on investment policies for Group B projects and key Group C projects managed by localities using central budget capital, national treasury bonds capital, and government bond capital;

c) Decide on investment policies for programs and projects according to Clause 5, Article 17 of this Law;

d) Examine and provide opinions on the medium-term and annual public investment plans of localities, including the entire list and amount of capital allocated to each project using central budget capital, national treasury bonds capital, and government bond capital;

đ) Decide on the medium-term and annual public investment plans of localities, including the entire list and amount of capital allocated to each project using locally balanced state budget capital, state development credit capital, local government bond capital, retained revenue for investment that has not been included in the local state budget balance, and other loans from the local state budget for investment;

e) Supervise projects using public investment capital assigned to localities to manage, including central budget capital, national treasury bonds capital, government bond capital, locally balanced state budget capital, state development credit capital, local government bond capital, ODA capital, and preferential loans from foreign donors, retained revenue for investment that has not been included in the local state budget balance, and other loans from the local state budget for investment.

2. Hội đồng nhân dân cấp tỉnh thực hiện các nhiệm vụ, quyền hạn quy định tại khoản 1 Điều này và các nhiệm vụ, quyền hạn sau đây:

a) Xem xét, có ý kiến về chủ trương đầu tư dự án nhóm A do địa phương quản lý;

b) Quyết định tiêu chí dự án trọng điểm của địa phương phù hợp với mục tiêu, định hướng phát triển, khả năng tài chính và đặc điểm cụ thể của địa phương.

Điều 92. Nhiệm vụ, quyền hạn của Ủy ban nhân dân cấp tỉnh

1. Thực hiện quản lý nhà nước về đầu tư công trên địa bàn theo quy định của pháp luật.

2. Trình Hội đồng nhân dân cấp tỉnh:

a) Quyết định chủ trương đầu tư chương trình đầu tư bằng vốn cân đối ngân sách địa phương, vốn trái phiếu chính quyền địa phương, vốn từ nguồn thu để lại cho đầu tư nhưng chưa đưa vào cân đối ngân sách địa phương, các khoản vốn vay khác của ngân sách địa phương để đầu tư;

b) Xem xét, có ý kiến về chủ trương đầu tư dự án thuộc thẩm quyền quyết định chủ trương đầu tư của Thủ tướng Chính phủ theo quy định tại khoản 3 Điều 17 của Luật này;

c) Quyết định chủ trương đầu tư dự án nhóm B và dự án trọng điểm nhóm C thuộc cấp mình quản lý theo quy định tại điểm b khoản 5 Điều 17 của Luật này;

d) Xem xét, có ý kiến về kế hoạch đầu tư trung hạn và hằng năm vốn ngân sách trung ương, vốn công trái quốc gia, vốn trái phiếu Chính phủ, vốn ODA và vốn vay ưu đãi của các nhà tài trợ nước ngoài theo danh mục và mức vốn bố trí cho từng dự án;

đ) Quyết định kế hoạch đầu tư trung hạn và hằng năm vốn cân đối ngân sách địa phương, vốn trái phiếu chính quyền địa phương, vốn tín dụng đầu tư phát triển của Nhà nước và vốn từ nguồn thu để lại cho đầu tư nhưng chưa đưa vào cân đối ngân sách địa phương và các khoản vốn vay khác của ngân sách địa phương để đầu tư.

3. Quyết định chủ trương đầu tư dự án theo quy định tại khoản 6 Điều 17 của Luật này và quyết định đầu tư chương trình, dự án theo quy định tại khoản 3 Điều 39 của Luật này.

4. Tổ chức triển khai thực hiện và theo dõi, đánh giá kế hoạch đầu tư công thuộc nguồn vốn đầu tư công do cấp mình quản lý.

5. Phối hợp với bộ, cơ quan trung ương tổ chức triển khai thực hiện, theo dõi, kiểm tra, đánh giá chương trình, dự án trên địa bàn tỉnh.

Điều 93. Nhiệm vụ, quyền hạn của Ủy ban nhân dân cấp huyện, cấp xã

1. Tổ chức lập kế hoạch đầu tư công trung hạn và hằng năm thuộc cấp mình quản lý.

2. Tổ chức thẩm định chương trình, dự án thuộc cấp mình quản lý.

3. Trình Hội đồng nhân dân cùng cấp:

a) Quyết định chủ trương đầu tư chương trình đầu tư bằng toàn bộ vốn ngân sách địa phương theo phân cấp nguồn vốn và vốn từ nguồn thu để lại cho đầu tư nhưng chưa đưa vào cân đối ngân sách địa phương cấp huyện, cấp xã theo thẩm quyền;

b) Tham gia ý kiến về chủ trương đầu tư dự án thuộc thẩm quyền quyết định chủ trương đầu tư của Thủ tướng Chính phủ theo quy định tại khoản 3 Điều 17 của Luật này và của Hội đồng nhân dân cấp trên;

c) Quyết định chủ trương đầu tư dự án nhóm B và dự án trọng điểm nhóm C thuộc cấp mình quản lý theo quy định tại điểm b khoản 5 Điều 17 của Luật này;

d) Quyết định kế hoạch đầu tư trung hạn và hằng năm vốn cân đối ngân sách địa phương và vốn từ nguồn thu để lại cho đầu tư nhưng chưa đưa vào cân đối ngân sách địa phương cấp huyện, cấp xã.

4. Quyết định chủ trương đầu tư dự án theo quy định tại khoản 6 Điều 17 của Luật này và quyết định đầu tư chương trình, dự án theo quy định tại khoản 4 Điều 39 của Luật này.

5. Tổ chức thực hiện, theo dõi, đánh giá, kiểm tra, thanh tra kế hoạch, chương trình, dự án và các nhiệm vụ quản lý nhà nước khác về đầu tư công theo phân cấp quản lý.

6. Phối hợp với cơ quan, tổ chức có liên quan triển khai thực hiện, theo dõi, kiểm tra, đánh giá chương trình, dự án trên địa bàn.

Điều 94. Nhiệm vụ, quyền hạn của Kiểm toán Nhà nước

1. Quyết định kế hoạch kiểm toán hằng năm về kế hoạch, chương trình, dự án và báo cáo Quốc hội, Chính phủ trước khi thực hiện.

2. Tổ chức thực hiện kế hoạch kiểm toán hằng năm, kiểm toán chuyên đề và thực hiện kiểm toán về kế hoạch, chương trình, dự án theo yêu cầu của Quốc hội, Ủy ban thường vụ Quốc hội, Chính phủ, Thủ tướng Chính phủ.

3. Báo cáo Quốc hội, Ủy ban thường vụ Quốc hội kết quả kiểm toán năm, kiểm toán chuyên đề và kết quả thực hiện kiến nghị kiểm toán về kế hoạch, chương trình, dự án.

4. Tổ chức công bố, công khai báo cáo kiểm toán về kế hoạch, chương trình, dự án theo quy định của pháp luật.

Điều 95. Nhiệm vụ, quyền hạn của Mặt trận Tổ quốc Việt Nam

1. Chủ trì tổ chức giám sát đầu tư của cộng đồng các chương trình, dự án theo quy định tại khoản 1 và khoản 3 Điều 82 của Luật này và quy định khác của pháp luật có liên quan.

2. Tổ chức lấy ý kiến cộng đồng về chủ trương đầu tư các chương trình, dự án trên địa bàn theo quy định tại khoản 2 Điều 82 của Luật này và theo quy định của pháp luật về thực hiện dân chủ ở xã, phường, thị trấn.

Điều 96. Quyền và trách nhiệm của cơ quan, tổ chức, cá nhân trong việc đề xuất chủ trương đầu tư

1. Đề xuất chương trình, dự án phù hợp với chiến lược, quy hoạch, kế hoạch phát triển kinh tế - xã hội trong từng thời kỳ.

2. Bảo đảm huy động và cân đối được nguồn lực để thực hiện chương trình, dự án hoàn thành đúng tiến độ, thời gian quy định.

3. Đề xuất cấp có thẩm quyền xem xét, quyết định chủ trương đầu tư khi chương trình không trùng lặp với chương trình khác và với nhiệm vụ thường xuyên theo chức năng, nhiệm vụ được giao.

4. Chịu trách nhiệm về thông tin, số liệu liên quan đến chương trình, dự án đề xuất.

Điều 97. Quyền và trách nhiệm của cơ quan, tổ chức, cá nhân liên quan đến quyết định chủ trương đầu tư

1. Cơ quan, tổ chức, cá nhân và người đứng đầu tổ chức quyết định chủ trương đầu tư chương trình, dự án đáp ứng quy định tại Điều 18 của Luật này.

2. Cơ quan, tổ chức, cá nhân quy định tại các khoản 2, 3, 4 và 6 Điều 17 của Luật này quyết định chủ trương đầu tư sai, kém hiệu quả, không cân đối được vốn để thực hiện gây thất thoát, lãng phí thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự và bồi thường thiệt hại theo quy định của pháp luật.

3. Cơ quan, tổ chức, cá nhân liên quan đến lập, thẩm định có hành vi vi phạm dẫn đến quyết định chủ trương đầu tư sai, kém hiệu quả thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì bồi thường theo quy định của pháp luật

Điều 98. Quyền và trách nhiệm của chủ chương trình, chủ đầu tư liên quan đến lập chương trình, dự án

1. Chịu trách nhiệm trước pháp luật về nội dung của hồ sơ trình cấp có thẩm quyền thẩm định, quyết định.

2. Cung cấp các tài liệu cần thiết cho các cơ quan thẩm định, thẩm tra chương trình, dự án.

3. Đề xuất các giải pháp huy động các nguồn vốn để thực hiện chương trình, dự án theo đúng tiến độ, thời gian quy định.

4. Chịu trách nhiệm trước pháp luật về lập chương trình, dự án. Trường hợp có hành vi vi phạm thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì bồi thường theo quy định của pháp luật.

Điều 99. Quyền và trách nhiệm của cơ quan, tổ chức, cá nhân quyết định đầu tư chương trình, dự án

1. Quyết định đầu tư chương trình, dự án đúng chủ trương đầu tư đã được cấp có thẩm quyền quyết định, phù hợp với khả năng cân đối vốn thuộc nguồn vốn cấp mình quản lý, theo đúng tiêu chuẩn, quy chuẩn trong đầu tư và kết quả thẩm định. Trường hợp quyết định đầu tư sai, dẫn đến đầu tư kém hiệu quả, dàn trải, thất thoát, lãng phí thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì bồi thường theo quy định của pháp luật.

2. Tổ chức thẩm định chương trình, dự án trước khi phê duyệt, bao gồm thẩm định nguồn vốn và khả năng cân đối vốn.

3. Cân đối vốn để thanh toán các chi phí lập, thẩm định chương trình, dự án thuộc cấp mình quản lý.

4. Chỉ đạo chủ chương trình, chủ đầu tư thực hiện chương trình, dự án đúng tiến độ, bảo đảm chất lượng trong phạm vi kế hoạch đầu tư được duyệt.

5. Quyết định việc điều chỉnh, tạm ngừng, hủy bỏ chương trình, dự án.

6. Tổ chức theo dõi, kiểm tra, đánh giá chương trình, dự án và hoạt động của chủ chương trình, chủ đầu tư trong quá trình thực hiện chương trình, dự án.

7. Chịu trách nhiệm trước pháp luật về các hành vi vi phạm các quy định về thẩm quyền trong quá trình lựa chọn chủ chương trình, chủ đầu tư.

Điều 100. Quyền và trách nhiệm của cơ quan, tổ chức, cá nhân liên quan đến tư vấn thiết kế chương trình, dự án

1. Tổ chức tư vấn thiết kế có quyền yêu cầu chủ chương trình, chủ đầu tư cung cấp thông tin, tài liệu liên quan đến việc thiết kế chương trình, dự án.

2. Thiết kế chương trình, dự án theo đúng quy chuẩn, tiêu chuẩn, định mức và các giải pháp kỹ thuật bảo đảm chất lượng; không được thiết kế vượt quá quy chuẩn, tiêu chuẩn, định mức quy định.

3. Chịu trách nhiệm về kết quả thiết kế chương trình, dự án. Trường hợp thiết kế sai, dẫn đến đầu tư kém hiệu quả, thất thoát, lãng phí thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì bồi thường theo quy định của pháp luật.

Điều 101. Quyền và trách nhiệm của cơ quan, tổ chức, cá nhân liên quan đến thẩm định kế hoạch, chương trình, dự án

1. Cơ quan, tổ chức, cá nhân liên quan đến thẩm định kế hoạch, chương trình, dự án thực hiện việc thẩm định theo quy định của pháp luật, chịu trách nhiệm về kết quả thẩm định và những kiến nghị của mình.

2. Việc thẩm định cần bảo đảm tính độc lập, trung thực, khách quan, tuân thủ quy định của Luật này và quy định khác của pháp luật có liên quan.

3. Trường hợp thẩm định sai thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì bồi thường theo quy định của pháp luật.

Điều 102. Quyền và trách nhiệm của chủ chương trình, chủ đầu tư trong quản lý, thực hiện chương trình, dự án

1. Tổ chức quản lý, thực hiện chương trình, dự án, bảo đảm đúng mục tiêu, tiến độ, chất lượng.

2. Báo cáo việc thực hiện chương trình, dự án theo quy định của Luật này và quy định khác của pháp luật có liên quan.

3. Trường hợp để xảy ra thất thoát, lãng phí thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì bồi thường theo quy định của pháp luật.

Điều 103. Quyền và trách nhiệm của Ban Quản lý chương trình, dự án

1. Đề xuất các phương án, giải pháp và tổ chức quản lý, thực hiện chương trình, dự án bảo đảm đúng mục tiêu, tiến độ, chất lượng theo ủy quyền của chủ chương trình, chủ đầu tư.

2. Báo cáo chủ chương trình, chủ đầu tư về tình hình triển khai thực hiện chương trình, dự án.

3. Trường hợp để xảy ra thất thoát, lãng phí thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì bồi thường theo quy định của pháp luật.

Điều 104. Quyền và trách nhiệm của cơ quan, tổ chức, cá nhân thực hiện theo dõi, đánh giá và kiểm tra kế hoạch, chương trình, dự án

1. Người đứng đầu bộ, ngành và địa phương, Chủ tịch Ủy ban nhân dân cấp huyện, cấp xã, chủ chương trình, chủ đầu tư chịu trách nhiệm về hậu quả do không tổ chức thực hiện theo dõi, đánh giá, kiểm tra kế hoạch, chương trình, dự án hoặc không báo cáo theo quy định.

2. Cơ quan, tổ chức, cá nhân được giao nhiệm vụ thực hiện theo dõi, kiểm tra, đánh giá kế hoạch, chương trình, dự án phải chịu trách nhiệm về nội dung các báo cáo của mình.

3. Chủ chương trình, chủ đầu tư chịu trách nhiệm về nội dung báo cáo và chịu trách nhiệm theo quy định của pháp luật do báo cáo, cung cấp thông tin không chính xác về tình hình thực hiện đầu tư trong phạm vi quản lý.

4. Cơ quan, tổ chức, cá nhân được giao theo dõi, kiểm tra, đánh giá kế hoạch, chương trình, dự án có hành vi che giấu vi phạm hoặc hành vi vi phạm khác thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì bồi thường theo quy định của pháp luật.

Điều 105. Xử lý vi phạm

Cơ quan, tổ chức, cá nhân có hành vi vi phạm các quy định của Luật này thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì phải bồi thường theo quy định của pháp luật.

Chương VI

ĐIỀU KHOẢN THI HÀNH

Điều 106. Điều khoản chuyển tiếp

1. Việc xử lý các chương trình, dự án đã được cấp có thẩm quyền quyết định trước ngày Luật này có hiệu lực nhưng chưa được bố trí vốn được quy định như sau:

a) Đối với chương trình, dự án quan trọng quốc gia, tiếp tục thực hiện theo Nghị quyết của Quốc hội và quyết định đầu tư của Chính phủ;

b) Đối với chương trình, dự án đã có trong kế hoạch đầu tư được cấp có thẩm quyền phê duyệt, tiếp tục thực hiện theo kế hoạch;

c) Đối với chương trình, dự án chưa có trong kế hoạch đầu tư được cấp có thẩm quyền phê duyệt, phải thực hiện việc lập, thẩm định, quyết định chủ trương đầu tư chương trình, dự án theo quy định của Luật này.

2. Chỉ bố trí vốn kế hoạch đầu tư công để thanh toán nợ đọng xây dựng cơ bản phát sinh trước ngày Luật này có hiệu lực.

Điều 107. Hiệu lực thi hành

Luật này có hiệu lực thi hành từ ngày 01 tháng 01 năm 2015.

Điều 108. Quy định chi tiết

Chính phủ quy định chi tiết các điều, khoản được giao trong Luật.

Luật này đã được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XIII, kỳ họp thứ 7 thông qua ngày 18 tháng 6 năm 2014./.