Decree No. 77/2015/NĐ-CP on medium-term and annual public investment plans

DECREE

On the medium-term and annual state investment plansm

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Pursuant to the State Budget Law dated June 25, 2015;

At the proposal of the Minister of Planning and Investment,

The Government issues this Decree on medium-term and annual state investment plans.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates in detail the procedures for drafting, reviewing, approving, allocating plans, organizing implementation, monitoring, evaluating implementation, and adjusting medium-term and annual national state investment plans of central ministries and sectors and localities.

Article 2. Applicability

1. State management agencies for public investment include the Government, the Ministry of Planning and Investment, and People's Committees at all levels.

2. Ministries, ministerial-level agencies, governmental agencies, the Supreme People's Court, the Supreme People's Procuracy, the National Audit Office, the President's Office, the National Assembly's Office, the Vietnam Fatherland Front, political organizations, socio-political organizations, and State-owned corporations and companies (hereinafter referred to collectively as central ministries and sectors).

3. People's Councils at all levels.

4. Specialized agencies managing public investment are units with functions to manage public investment under the Ministry of Planning and Investment; units entrusted with managing public investment of central ministries and sectors allocated public investment plans; Departments of Planning and Investment; departments and offices with functions to manage public investment under People's Committees at district and commune levels.

5. Other agencies and organizations managing and using public investment capital.

6. Agencies, organizations, and individuals related to drafting, reviewing, approving, allocating plans, organizing implementation, monitoring, evaluating implementation, and adjusting medium-term and annual public investment plans.

Article 3. Sources of public investment capital

1. Capital from the State budget, including: central budget investment capital for central ministries and sectors; supplementary targeted capital from the central budget for localities; investment capital within the local budget balance.

2. National treasury bond investment capital is the capital directly borrowed by the State from the people through a certificate with a term to invest in national development objectives.

3. Government bond investment capital is the capital from government bonds issued by the Ministry of Finance to implement certain important programs and projects nationwide.

4. Local government bond investment capital is the capital from bonds with a term of one year or more issued or authorized to be issued by provincial People's Committees to invest in certain important local projects.

5. Official Development Assistance (ODA) capital and preferential loans from foreign sponsors, including: non-reimbursable aid, ODA loans, and preferential loans from foreign governments, international organizations, and intergovernmental or interregional organizations.

6. State development credit capital is the capital provided by the Vietnam Development Bank and the Social Policy Bank for lending to projects eligible for development credit and social policy credit.

7. Capital from retained revenue for investment but not yet included in the State budget balance, including:

a) Investment capital from lottery revenue before the effective date of the amended State Budget Law in 2015;

b) Fees and charges retained for investment by central ministries and sectors and localities;

c) Host country's oil revenues from production sharing contracts (PSC), profits from joint ventures in oil and gas, and oil and gas documentation fees;

d) Retained revenue of public service units for investment;

đ) Investment capital from proceeds of state enterprise shareholding, ownership conversion of state enterprises retained or set aside for investment in economic and social infrastructure programs and projects under the State budget responsibilities of central ministries and sectors and localities;

e) Retained revenue of financial and social insurance organizations set aside for investment in economic and social infrastructure projects of central ministries and sectors and localities;

g) Revenue from land use right conversion and change of purpose of land by central ministries and sectors and localities not yet included in the State budget balance for investment in economic and social infrastructure projects.

8. Loans of provincial authorities to be repaid from the local budget balance and recovered from projects funded by these loans, including:

a) Domestic capital mobilization by provincial authorities in accordance with the State Budget Law, state development credit capital, borrowing from idle funds of the State Treasury, and other domestic loan sources for infrastructure investment;

b) ODA loans and preferential loans from foreign sponsors relented by the Government.

Article 4. Basis for compiling medium-term and annual state investment plans

1. The bases prescribed in Article 50 of the Law on Public Investment.

2. Resolutions of the Standing Committee of the National Assembly and Decisions of the Prime Minister regarding principles, criteria, and allocation standards for development investment capital from the State budget.

3. Resolutions of the Government and directives of the Prime Minister on compiling medium-term and annual state investment plans.

4. Guidelines of the Ministry of Planning and Investment, central ministries and sectors, and People's Committees at all levels on compiling medium-term and annual state investment plans.

Article 5. Contents of reports on medium-term and annual state investment plans

1. The contents of reports on medium-term and annual state investment plans prescribed in Articles 52 and 53 of the Law on Public Investment.

2. A list of investment projects in the medium-term and annual state investment plans according to the template provided by the Ministry of Planning and Investment.

3. For adjusted and supplemented medium-term state investment plans, provide detailed lists of newly generated projects not included in the original medium-term state investment plan (if applicable) as stipulated in point b, Clause 2, Article 7 of this Decree.

Article 6. Principles for allocating capital in medium-term and annual state investment plans for programs and projects

1. The principles prescribed in Article 54 of the Law on Public Investment.

2. Allocate sufficient capital for investment preparation in medium-term and annual state investment plans for projects under their management to:

a) Formulate, review, and decide on investment policies;

b) Formulate, review, and decide on public investment projects.

3. Allocation of capital for new programs and projects according to the provisions of Clause 1 of this Article and the following principles:

a) Programs and projects that meet the conditions for capital allocation as prescribed in Articles 10 and 27 of this Decree;

b) After allocating capital to repay advance investment funds (if applicable).

Article 7. Contingency reserve in medium-term state investment plans as prescribed in Clause 6, Article 54 of the Law on Public Investment

1. The level of contingency reserve in medium-term state investment plans shall be implemented as follows:

a) For the national medium-term state investment plan, the Prime Minister shall specify the level of contingency reserve for each source of capital;

b) For medium-term state investment plans of central ministries and sectors and localities, the contingency reserve level is 10% of the total planned medium-term capital for each source of capital.

2. The contingency reserve funds for handling issues arising during the implementation of medium-term state investment plans shall be used in the following cases:

a) Handling price increases after exhausting the contingency reserve within the approved total investment amount for each project as prescribed by law;

b) Supplementing emergency projects and newly emerging necessary projects; corresponding to ODA programs and preferential loans from foreign sponsors not included in the medium-term investment plan;

c) Other urgent issues arising during the implementation of medium-term state investment plans.

Article 8. Principles for monitoring and evaluating state investment plans

1. Principles for monitoring state investment plans:

a) Systematically tracking and updating relevant information and data related to the organization and implementation of state investment plans, including monitoring programs and projects in the approved state investment plan;

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

2. Principles for evaluating state investment plans:

a) Based on the objectives and tasks of the state investment plan approved by competent authorities;

b) Evaluating economic and social effectiveness according to the goals set out in the decision on investment policy and investment decision of programs and projects;

c) Ensuring objectivity, transparency, and enhanced accountability in evaluating state investment plans;

d) Closely coordinating with the Vietnam Fatherland Front at all levels and community residents in assessing the implementation of state investment plans.

Article 9. Costs for preparing, examining, monitoring, inspecting, and evaluating the implementation of public investment plans

1. Costs for preparing, examining, monitoring, inspecting, and evaluating the implementation of medium-term and annual public investment plans shall be carried out in accordance with the provisions of Clause 3 and Clause 4 of Article 15 of the Public Investment Law.

2. Ministries, central agencies, and localities shall allocate funds from state budget recurrent expenditure and special-purpose funds from higher-level budgets, and mobilize other lawful sources of capital to implement the tasks specified in Clause 1 of this Article, according to the分级预算管理体制。

Chapter II

PREPARATION, REVIEW, APPROVAL AND ASSIGNMENT OFMEDIUM-TERM AND ANNUAL PUBLIC INVESTMENT PLANS

Section 1

PREPARATION, REVIEW, APPROVAL ANDASSIGNMENT OF MEDIUM-TERM PUBLIC INVESTMENT PLANS

Article 10. Conditions for Programs and Projects to be Allocated Capital in Medium-Term Public Investment Plans

1. Comply with the conditions stipulated in Article 55 of the Public Investment Law.

2. For new projects, in addition to meeting the requirements set forth in Clause 1 of this Article, it must ensure sufficient sources of capital to complete the project within the time frame prescribed in Article 13 of this Decree.

3. The procedures and formalities for preparing, reviewing, and approving investment policies for programs and public investment projects shall be implemented in accordance with the provisions of the Public Investment Law and the Government's Decrees guiding the enforcement of the Public Investment Law.

Article 11. Allocation of Capital for Investment Preparation in Medium-Term Public Investment Plans

Capital for investment preparation in medium-term public investment plans shall be allocated from state budget funds according to the分级管理权限，补充性目标资金的上级预算和其它合法资金来源，以实施《公共投资法》第57条第1款规定的各项内容。

Article 12. Allocation of Capital for Project Implementation in Medium-Term Public Investment Plans

1. Capital for project implementation in medium-term public investment plans shall be allocated in accordance with the provisions of Clause 2 of Article 57 of the Public Investment Law.

2. Capital for project implementation can only be allocated when the conditions stipulated in Article 10 of this Decree are met.

Article 13. Timeframe for Allocating Capital to Complete Projects in Medium-Term Public Investment Plans

1. The timeframe for allocating capital to complete projects according to the progress of implementation shall be decided by the competent authority.

2. For Group B and Group C projects, the timeframe for allocating capital shall comply with the provisions of Clause 1 of this Article but shall not exceed the maximum timeframe for capital allocation as follows:

a) For Group B projects with total investment under 800 billion VND: not more than five years; Group B projects with total investment from 800 billion VND to less than 2.3 trillion VND: not more than eight years;

b) For Group C projects: not more than three years.

3. In exceptional cases due to force majeure reasons, if sufficient capital cannot be allocated within the timeframe specified in Clauses 1 and 2 of this Article, the decision-making authority shall extend the timeframe for capital allocation as follows:

a) The Prime Minister decides on extending the timeframe for capital allocation for national key projects, Group A projects, and Group B and C projects using central government budget funds, national treasury bonds, and government bonds;

b) The Chairperson of People's Committees at all levels decides on extending the timeframe for capital allocation for Group B and C projects using entirely locally balanced budget funds, retained revenue for investment but not yet included in the local budget balance, and other local government loan funds for investment;

c) The head of ministries and central agencies decides on extending the timeframe for capital allocation for Group B and C projects using retained revenue for investment but not yet included in the national budget balance of ministries and central agencies;

d) The competent authority deciding on investment, with the agreement of foreign sponsors, decides on extending the timeframe for capital allocation for Group A, Group B, and C projects using ODA and preferential loans from foreign sponsors.

Article 14. Allocation of State budget development capital, national treasury bonds, government bonds between central and local levels

1. Central budget, national treasury bonds, government bonds support for localities through target programs:

a) Capital allocation according to principles, criteria, and standards for allocating State budget development capital, national treasury bonds, and government bonds as stipulated in the Resolution of the Standing Committee of the National Assembly and the Decision of the Prime Minister;

b) New projects under target programs from the 2016 plan shall focus on supporting large, key projects with spillover effects that promote local socio-economic development, inter-provincial and inter-regional projects with investment scale from Group B upwards; except in special cases, urgent projects related to disaster prevention and control, disease prevention, security, defense, and addressing the most pressing issues of the locality as decided by the Prime Minister.

The People's Committees of provinces select project lists to be supported from central budget, national treasury bonds, and government bonds in accordance with approved principles, criteria for capital allocation and the allocated capital amount for each target program for the locality;

c) New projects specified in point b of this clause shall be supported with 100% central budget, national treasury bonds, and government bonds to implement. In necessary cases and where budget balancing is possible, localities may allocate local budget balancing funds or other lawful sources to prepare for investment, land compensation, and clearance for specific projects.

2. For national target programs, central budget, national treasury bonds, and government bonds allocated for projects according to the provisions of the National Assembly's Resolution approving investment policies; the Standing Committee of the National Assembly's Resolution on principles, criteria, and standards for allocating these funds; and the Prime Minister's Decisions for each program.

3. Local budget balancing funds allocated for projects managed by localities as stipulated in point b of Clause 1 of Article 63 of this Decree and projects not covered by central support as provided in Clauses 1 and 2 of this Article.

Article 15. Principles for selecting project lists and anticipated capital allocations for each project in the medium-term investment plan for State budget capital, national treasury bonds, government bonds, retained revenue for investment but not yet included in the State budget, local government bonds, and other local budget loans for investment

1. Implemented in accordance with Articles 60, 61, 62, 63, and 64 of the Public Investment Law and Articles 6, 10, 11, 12, and 13 of this Decree;

2. Consistent with principles, criteria, and standards for allocating various sources of capital in each medium-term public investment plan.

3. For central budget, national treasury bonds, and government bonds targeted at supplementing localities as stipulated in Clauses 1 and 2 of Article 14 and point b of Clause 1 of Article 63 of this Decree.

Article 16. Principles for Selecting Project Lists and Anticipating Loan Amounts in the Mid-Term Investment Plan with State Development Credit Funds

1. Projects must have the ability to recover capital, be effective, and have the capacity to repay debt, and belong to industries or sectors that can utilize state development credit funds.

2. The amount of state development credit loans shall not exceed the limit on loan-to-value ratio for each project as stipulated by laws on state development credit.

3. Financial plans and repayment plans for each project must have been reviewed according to the Government's regulations on state development credit loans provided by the Vietnam Development Bank and policy credit provided by the Social Policy Bank.

4. For projects that partially or fully repay loans using state budget funds, in addition to complying with the principles set forth in Clauses 1, 2, and 3 of this Article, they must also comply with the following provisions:

a) Implement the provisions set out in Articles 10, 12, and 13 of this Decree;

b) Belong to the list of mid-term investment plans funded by state budget funds.

Article 17. Procedures for Establishing, Reviewing, and Consolidating the National Mid-Term Public Investment Plan

1. To be carried out according to the procedures specified in Article 58 of the Law on Public Investment.

2. Before March 31 of the fourth year of the previous mid-term public investment plan period, based on the goals and directions of the 10-year Socio-Economic Development Strategy and the 5-year Socio-Economic Development Plan, the Prime Minister issues a Directive on establishing the mid-term public investment plan for the subsequent period, including objectives, investment directions, and assigning tasks for implementing the mid-term public investment plan.

3. Before March 31 of the fifth year of the previous mid-term public investment plan period, based on the approved program lists and investment decisions made by the Government and the Prime Minister for the subsequent phase, the Ministry of Planning and Investment submits to the Prime Minister the principles, criteria, and allocation standards for development investment funds from the state budget, national treasury bonds, and government bonds for the next five years; after obtaining approval from the Prime Minister, acting on behalf of the Prime Minister, the Ministry reports to the Standing Committee of the National Assembly. Specifically, for national target programs, after the National Assembly approves the investment decision, the Prime Minister issues an investment decision for the subsequent phase. The issuance of principles, criteria, and allocation standards for each national target program follows the same procedure as mentioned above.

4. Before September 10 of the fifth year of the previous mid-term public investment plan period, the Ministry of Planning and Investment submits to the Government for comments on the mid-term public investment plan for the subsequent period.

5. The Ministry of Planning and Investment supplements, completes, and reports to the Prime Minister for comments:

a) The mid-term investment plan with state budget funds, including detailed plans for central budget investment, mid-term investment plans with national treasury bonds, government bonds, mid-term ODA investment plans, and preferential loans from foreign financiers before September 30 of the fifth year of the previous mid-term public investment plan period;

b) The mid-term investment plan with retained revenue for investment but not included in the state budget balance and the mid-term investment plan with state development credit funds before November 15 of the fifth year of the previous mid-term public investment plan period.

6. Before October 20 of the fifth year of the previous mid-term public investment plan period, based on the Prime Minister's directives, the Ministry of Planning and Investment completes the plan, reports to the Prime Minister; after obtaining approval from the Prime Minister, acting on behalf of the Prime Minister, the Ministry submits the mid-term public investment plan with state budget funds, national treasury bonds, and government bonds for the subsequent period to the National Assembly.

Article 18. Procedures for the preparation, review, and consolidation of the mid-term public investment plan of central ministries and agencies

1. Based on the national economic and social development goals and those of sectors and fields during the subsequent period, the Prime Minister's directives, and the guidance of the Ministry of Planning and Investment, central ministries and agencies shall instruct specialized agencies managing public investment to prepare and submit to competent authorities for issuance of guiding documents on the preparation of mid-term public investment plans for subordinate agencies and units.

2. Subordinate agencies and units using public investment funds shall implement the following tasks based on the guidance provided in Clause 1 of this Article:

a) Prepare the mid-term public investment plan for the subsequent period within the scope of assigned tasks as stipulated in Article 52 of the Public Investment Law, reserving 10% as contingency according to Clause 1 of Article 7 of this Decree;

b) Before September 15 of the fourth year of the current mid-term public investment period, report to the competent authority for consideration of the proposed public investment plan for the subsequent period and submit it to the specialized agency managing public investment before October 15 of the fourth year of the current mid-term public investment period.

3. Before November 15 of the fourth year of the current mid-term public investment period, the specialized agency managing public investment shall organize the review of the capital allocation plan for the mid-term public investment plan of subordinate agencies and units for the subsequent period and report to the head of the central ministry or agency.

4. Subordinate agencies and units shall complete the mid-term public investment plan for the subsequent period according to the instructions of the head of the central ministry or agency and submit it to the specialized agency managing public investment before November 30 of the fourth year of the current mid-term public investment period.

5. The specialized agency managing public investment shall be responsible for:

a) Consolidating the mid-term public investment plan for the subsequent period according to the contents specified in Article 52 of the Public Investment Law;

b) Organizing consultations to seek opinions from relevant agencies (if necessary) regarding the mid-term public investment plan for the subsequent period of their ministry or agency and the programs they are responsible for;

c) Submitting to the competent authority for consideration and completion of the first draft of the mid-term public investment plan for the subsequent period and sending it to the Ministry of Planning and Investment and the Ministry of Finance before December 31 of the fourth year of the current mid-term public investment period;

d) Based on the review comments of the Ministry of Planning and Investment, complete and submit the second draft of the mid-term public investment plan for the subsequent period to the Ministry of Planning and Investment and the Ministry of Finance before June 30 of the fifth year of the current mid-term public investment period.

Article 19. Procedures for the preparation, review, and consolidation of the mid-term public investment plan of localities

1. Before June 15 of the fourth year of the current mid-term public investment period, based on the national economic and social development goals, sectoral and field goals, and local goals during the subsequent period, the Prime Minister's directives, and the guidance of the Ministry of Planning and Investment, the Department of Planning and Investment shall take the lead in preparing and submitting to the Chairman of the Provincial People's Council for issuance of directives or guiding documents on the objectives, orientations, and procedures and timelines for the preparation and review of the mid-term public investment plan for the subsequent period of the locality for provincial departments, agencies, and lower-level People's Councils.

2. Provincial departments and agencies shall implement the following tasks based on the guiding documents provided in Clause 1 of this Article:

a) Implement the preparation of the mid-term public investment plan for the subsequent period within the scope of assigned tasks as stipulated in Article 52 of the Public Investment Law;

b) Organize the review of the mid-term public investment plan for the subsequent period;

c) Complete the first draft of the mid-term public investment plan for the subsequent period for submission to the competent authority for consideration before September 15 of the fourth year of the current mid-term public investment period and send it to the Department of Planning and Investment and the Department of Finance before October 15 of the fourth year of the current mid-term public investment period.

3. District and commune People's Councils shall be responsible for implementing the following tasks based on the guiding documents provided in Clause 1 of this Article:

a) Assign specialized agencies managing public investment to prepare the mid-term public investment plan for the subsequent period within the scope of assigned tasks and sources of funding under their management as stipulated in Article 52 of the Public Investment Law. The specialized agency managing public investment at the commune level shall be established by the Commune People's Council in the form of a Management Board or Investment Management Team. The head of this agency is the Leader of the Commune People's Council, and other members are commune civil servants serving concurrently;

b) Organize the review of the mid-term public investment plan for the subsequent period of their own level;

c) Complete the first draft of the mid-term public investment plan for submission to the People's Council or the Standing Committee of the People's Council at the same level for comments before September 15 of the fourth year of the current mid-term public investment period;

d) Based on the comments of the People's Council at the same level or the Standing Committee of the People's Council at the same level, before October 15 of the fourth year of the current mid-term public investment period, the District People's Council shall complete and submit to the Provincial People's Council, and also send to the Department of Planning and Investment and the Department of Finance the mid-term public investment plan managed by their level. In the case of the Commune People's Council, it shall submit the mid-term public investment plan managed by its level to the District People's Council according to the time frame specified in the guiding documents provided in Clause 1 of this Article. If the Provincial People's Council directly manages some sources of public investment funds from higher levels for the commune level, the Commune People's Council shall prepare the mid-term public investment plan for these funds according to the guidance provided in Clause 1 of this Article and submit it to the Provincial People's Council, and also send to the Department of Planning and Investment, the Department of Finance, and the District People's Council the mid-term public investment plan managed by the Provincial People's Council before October 15 of the fourth year of the current mid-term public investment period.

Before November 15 of the fourth year of the current mid-term public investment period, the Provincial People's Council shall organize the review or assign the Department of Planning and Investment to review the mid-term public investment plan of provincial departments, agencies, and lower-level People's Councils.

4. Before November 15 of the fourth year of the previous中期公共投资计划阶段，省人民委员会组织审查或责成省计划与投资部门审查各厅、局、行业和下级人民委员会的中期公共投资计划。

5. Based on the review opinion stated in Clause 4 above, provincial departments, agencies, and lower-level People's Committees shall complete the draft mid-term public investment plan for the subsequent phase within their assigned tasks and submit it to the competent authority for comments, then send it to the Provincial Department of Planning and Investment and the Provincial Finance Department according to the time specified in the guiding document provided for in Clause 1 of this Article.

6. The Provincial Department of Planning and Investment shall compile and organize the collection of opinions from relevant agencies on the proposed mid-term public investment plan at the provincial level for the subsequent phase, and submit it to the same-level People's Committee before November 30 of the fourth year of the previous mid-term public investment plan phase.

7. The provincial People's Committee shall approve the first proposal of the mid-term public investment plan for the subsequent phase and submit it to the People's Council or its Standing Committee at the same level for comments.

8. Based on the opinions of the People's Council or its Standing Committee, the provincial People's Committee shall finalize the first proposal of the mid-term public investment plan for the subsequent phase and send it to the Ministry of Planning and Investment and the Ministry of Finance before December 31 of the fourth year of the previous mid-term public investment plan phase.

9. After receiving the review opinion of the Ministry of Planning and Investment, the provincial People's Committee shall be responsible for:

a) Assigning the Provincial Department of Planning and Investment to establish principles and criteria for allocating mid-term public investment capital for the subsequent phase managed by the locality, and submitting it to the provincial People's Committee for comments from the People's Council or its Standing Committee before the provincial People's Committee issues the decision.

Establishing principles and criteria for allocating mid-term public investment capital for the subsequent phase managed by the locality must be based on the Resolution of the National Assembly Standing Committee, the Prime Minister's Decision regarding the principles, criteria, and allocation standards for development investment funds from the state budget for the subsequent mid-term phase; the list of programs approved by the competent authority for investment policy approval; and based on the development goals, orientation, financial capacity, and specific characteristics of the locality.

b) Assigning the district and commune People's Committees to complete the second proposal of the mid-term public investment plan for their respective levels, report to the People's Council or its Standing Committee at the same level for comments, and send it to the provincial People's Committee, simultaneously sending it to the Provincial Department of Planning and Investment and the Provincial Finance Department before May 31 of the fifth year of the previous mid-term public investment plan phase.

c) Assigning the Provincial Department of Planning and Investment to compile the second proposal of the mid-term public investment plan for their respective level, report to the provincial People's Committee to submit to the People's Council or its Standing Committee at the same level before June 15 of the fifth year of the previous mid-term public investment plan phase.

d) Based on the opinions of the People's Council or its Standing Committee at the same level, assigning the Provincial Department of Planning and Investment to complete the second proposal of the mid-term public investment plan for the subsequent phase, report to the provincial People's Committee, 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 mid-term public investment plan phase.

Article 20. Preparation, Review, Approval, and Allocation of the Mid-Term Public Investment Plan of the State Budget, National Treasury Bonds, and Government Bonds

1. Principles for preparing the mid-term public investment plan of the state budget, national treasury bonds, and government bonds shall be implemented in accordance with Article 51 of the Law on Public Investment, and Articles 6, 7, 14, and 15 of this Decree.

2. Procedures for preparing and reviewing the mid-term public investment plan of the state budget, national treasury bonds, and government bonds shall be carried out in accordance with Article 58 of the Law on Public Investment, and Articles 17, 18, and 19 of this Decree.

3. Before October 20 of the fifth year of the previous mid-term public investment plan phase, the Ministry of Planning and Investment shall notify the proposed mid-term public investment plan of central budget, national treasury bonds, and government bonds to central ministries, sectors, and localities at the level of capital reported to the National Assembly.

4. Central ministries and sectors shall base on the second proposal of the mid-term public investment plan and the level of mid-term public investment capital notified in Clause 3 of this Article, propose detailed allocation plans for the mid-term public investment plan for the subsequent phase, and submit them to the Ministry of Planning and Investment and the Ministry of Finance before November 20 of the fifth year of the previous mid-term public investment plan phase.

5. Localities shall propose the list and level of state budget capital, national treasury bonds, and government bonds in the mid-term public investment plan for the subsequent phase:

a) Based on the second proposal of the mid-term public investment plan and the proposed level of mid-term public investment capital notified in Clause 3 of this Article, the Chairman of the provincial People's Committee shall assign the Provincial Department of Planning and Investment to take the lead, coordinate with relevant departments, agencies, and lower-level People's Committees to propose detailed plans for state budget capital (including detailed lists and levels of central budget capital and local budget capital), national treasury bonds, and mid-term government bonds for each project under the management of the locality, and report to the provincial People's Committee for consideration before November 10 of the fifth year of the previous mid-term public investment plan phase.

b) The provincial People's Committee shall report to the People's Council or its Standing Committee at the same level for comments on the proposed mid-term public investment plan of central budget, national treasury bonds, and government bonds for each project under the management of the locality, and send it to the Ministry of Planning and Investment and the Ministry of Finance before November 20 of the fifth year of the previous mid-term public investment plan phase.

6. In case the National Assembly approves the mid-term public investment plan of the state budget, national treasury bonds, and government bonds differently from the mid-term public investment plan proposal submitted by the Government:

a) The Prime Minister shall assign the Ministry of Planning and Investment to notify the adjusted mid-term public investment plan of central budget, national treasury bonds, and government bonds for the subsequent phase to central ministries, sectors, and localities at the level of capital decided by the National Assembly.

b) Ministries and central agencies and localities shall complete detailed allocation plans for medium-term public investment programs for subsequent phases according to the procedures set forth in Clauses 4 and 5 of this Article and submit them to the Ministry of Planning and Investment and the Ministry of Finance at specific times announced by the Ministry of Planning and Investment.

7. The Ministry of Planning and Investment shall review and compile draft medium-term public investment plans for central government budget funds, national treasury bonds, and government bonds of ministries, central agencies, and localities, and report to the Prime Minister before December 5 of the fifth year of the previous medium-term public investment period.

8. Allocation of medium-term public investment plans for state budget funds, national treasury bonds, and government bonds:

a) Based on the Resolution of the National Assembly, before December 10 of the fifth year of the previous medium-term public investment period, the Prime Minister shall allocate medium-term public investment plans for state budget funds, national treasury bonds, and government bonds to ministries, central agencies, and localities, including: total amounts and funding levels by sector, program, and source of central government budget funds, national treasury bonds, and government bonds; lists of projects using central government budget funds, national treasury bonds, and government bonds;

b) Based on the Resolution of the National Assembly and the Prime Minister's decision allocating the plan, before December 31 of the fifth year of the previous medium-term public investment period, the Ministry of Planning and Investment shall detail the allocation of medium-term public investment plans for central government budget funds, national treasury bonds, and government bonds to each project of ministries, central agencies, and localities;

c) Based on the Resolution of the National Assembly, the Prime Minister's decision allocating the plan, and the Minister of Planning and Investment's decision detailing the plan, before January 15 of the first year of the medium-term public investment period, heads of ministries, central agencies, and provincial People's Committees shall notify or decide to detail (in cases where they have been authorized by the Prime Minister) the medium-term public investment plans for central government budget funds, national treasury bonds, and government bonds for each project to relevant units for implementation.

Article 21. Establishment, Review, Approval, and Allocation of Medium-Term Public Investment Plans for Local Government Budget Funds, Local Government Bonds, Funds from Retained Revenues for Investment Not Yet Included in the Local Government Budget, and Other Loans from the Local Government Budget for Investment

1. Principles for establishing medium-term public investment plans for local government budget funds, local government bonds, funds from retained revenues for investment not yet included in the local government budget, and other loans from the local government budget for investment shall be carried out in accordance with Articles 50 and 51 of the Law on Public Investment and Article 15 of this Decree.

2. Procedures for establishing and reviewing medium-term public investment plans for local government budget funds, local government bonds, funds from retained revenues for investment not yet included in the local government budget, and other loans from the local government budget for investment shall be carried out in accordance with Articles 17 and 19 of this Decree.

3. Submission, approval, and allocation of medium-term public investment plans for local government budget funds, local government bonds, funds from retained revenues for investment not yet included in the local government budget, and other loans from the local government budget for investment shall be carried out in accordance with Article 67 of the Law on Public Investment.

Article 22. Establishment, review, approval, and allocation of medium-term investment plans from retained revenue for investment but not yet included in the state budget balance of central ministries and sectors

1. The principle of establishing medium-term investment plans from retained revenue for investment but not yet included in the state budget balance shall be implemented in accordance with the provisions of Article 50, Article 51 of the Law on Public Investment and Article 15 of this Decree.

2. The procedures for establishing and reviewing medium-term investment plans from retained revenue for investment but not yet included in the state budget balance shall be carried out in accordance with the provisions of Article 17 and Article 18 of this Decree.

3. Based on the Prime Minister's decision, the Ministry of Planning and Investment will consolidate and submit to the Prime Minister for allocation of medium-term investment plans from retained revenue for investment but not yet included in the state budget balance of central ministries and sectors before December 10 of the fifth year of the previous medium-term public investment plan.

4. Based on the Prime Minister's decision to allocate the plan, before December 31 of the fifth year of the previous medium-term public investment plan, the Ministry of Planning and Investment will detail and allocate medium-term investment plans from retained revenue for investment but not yet included in the state budget balance of central ministries and sectors.

5. Based on the Prime Minister's decision to allocate the plan and the detailed allocation decision of the Minister of Planning and Investment before January 15 of the first year of the medium-term public investment plan, the heads of central ministries and sectors will notify the medium-term investment plans from retained revenue for investment but not yet included in the state budget balance for each project to relevant units for implementation.

Article 23. Establishment, review, approval, and allocation of medium-term investment plans from ODA and preferential loans from foreign sponsors

1. The principles of establishing medium-term investment plans from ODA and preferential loans from foreign sponsors shall be implemented in accordance with the provisions of Articles 50, 51, and 70 of the Law on Public Investment.

2. The procedures for establishing and reviewing medium-term investment plans from ODA and preferential loans from foreign sponsors shall be carried out in accordance with the provisions of Article 58 and Article 71 of the Law on Public Investment, Articles 17, 18, and 19 of this Decree.

3. Submission, approval, and allocation of medium-term investment plans from ODA and preferential loans from foreign sponsors:

a) For medium-term investment plans from ODA and preferential loans from foreign sponsors that are balanced within the state budget and apply domestic financial mechanisms as stipulated in Clause 3, Article 71 of the Law on Public Investment, Article 20 and Article 24 of this Decree, and other regulations of the Government;

b) For medium-term investment plans from ODA and preferential loans from foreign sponsors of projects outside those specified in point a of this clause, they shall be implemented according to the Prime Minister's decision.

Article 24. Establishment, review, approval, and allocation of medium-term investment plans from state development credit

1. The procedures and principles for establishing and reviewing medium-term investment plans from state development credit shall be implemented in accordance with the provisions of Clause 1 and Clause 2, Article 69 of the Law on Public Investment, and Articles 16, 17, 18, and 19 of this Decree.

2. Central ministries and sectors and localities shall draft medium-term investment plans from state development credit and send them to the Ministry of Planning and Investment, the Ministry of Finance, the Vietnam Development Bank, and the Vietnam Social Policy Bank in accordance with points b and c of Clause 5, Article 18 and Clause 8, point d of Clause 9, Article 19 of this Decree.

3. The Vietnam Development Bank and the Vietnam Social Policy Bank shall consolidate and report the draft medium-term investment plans from state development credit to the Ministry of Planning and Investment and the Ministry of Finance before July 20 of the fifth year of the previous medium-term public investment plan.

4. The Ministry of Planning and Investment shall consolidate the plan and report it to the Prime Minister in accordance with point b of Clause 5, Article 17 of this Decree.

5. The allocation of medium-term investment plans from state development credit shall be carried out as follows:

a) Before December 10 of the fifth year of the previous medium-term public investment plan, the Prime Minister shall allocate the total amount of the medium-term investment plan from state development credit or the rate of increase in loan debt, interest subsidy, and bank management fee, and additional capital (if any) for the next phase to the Vietnam Development Bank and the Vietnam Social Policy Bank;

b) Before December 31 of the fifth year of the previous medium-term public investment plan, the Ministry of Planning and Investment shall allocate the medium-term investment plan from state development credit for the next phase by sector, field, and program to the Vietnam Development Bank, the Vietnam Social Policy Bank, and domestic loans to be repaid from state budget funds for central ministries and sectors and localities.

Article 25. Documents for Requesting Review of the Medium-Term Public Investment Plan

1. Presentation from the competent authority on the medium-term public investment plan.

2. Report on the medium-term public investment plan according to the contents stipulated in Article 5 of this Decree.

3. Internal review report of the agency or unit.

4. Decision of the competent authority approving the investment policy, decisions on new programs and projects.

5. Opinions of the People's Council or Standing Committee of the People's Council at all levels on the draft medium-term public investment plan submitted by the same-level People's Committee in accordance with the Law on Public Investment and the provisions of this Decree.

6. Other related documents (if any).

Article 26. Content and Report on Review of the Medium-Term Public Investment Plan

1. Content of examination:

a) Review of the provisions set out in Articles 50, 51, and 52 of the Law on Public Investment;

b) Proposing allocation schemes for capital to each sector, field, specific program, and project;

c) Allocating contingency funds according to each source of capital in the medium-term public investment plan;

d) Allocating plans to settle outstanding construction debts and advance payments of capital (if any);

đ) Allocating capital for newly initiated projects;

e) Other related contents (if any).

2. The report on reviewing the medium-term public investment plan shall be in the format prescribed in Appendix I attached to this Decree.

Section 2

PREPARATION, REVIEW, APPROVAL AND ASSIGNMENT OFANNUAL PUBLIC INVESTMENT PLAN

Article 27. Conditions for Programs and Projects to be Allocated Capital in the Annual Public Investment Plan

1. Meeting the conditions as prescribed in Article 56 of the Law on Public Investment.

2. For new projects, in addition to the conditions stipulated in Clause 1 of this Article, the following additional conditions must be met:

a) Approval by the competent authority of the investment decision until October 31 of the year preceding the planning year;

b) Clearly identifying sources of capital and the ability to balance these sources; ensuring sufficient capital allocation according to the completion schedule specified in the medium-term public investment plan;

c) Ensuring sufficient capital allocation according to the schedule approved by the competent authority in the first year of project implementation.

3. Emergency projects and newly necessary projects added to the list of the medium-term public investment plan will be allocated capital from the contingency fund in the medium-term public investment plan as prescribed in Article 7 of this Decree, and must have been decided on investment policy and investment decision by the competent authority by October 31 of the year preceding the planning year.

Article 28. Allocation of Capital for Project Preparation and Implementation in the Annual Public Investment Plan

1. Allocation of capital for project preparation and implementation in the annual public investment plan for projects included in the list and total amount already approved in the medium-term public investment plan or adjusted medium-term public investment plan (if applicable).

2. For emergency projects and some newly necessary projects as prescribed in Clause 14 of Article 4 of the Law on Public Investment, the allocation of capital for project preparation and implementation from the contingency fund in the medium-term public investment plan shall be carried out as prescribed in Article 7 of this Decree.

Article 29. Principles for Selecting Project List and Estimated Capital Allocation for Each Project in the Annual Public Investment Plan Using State Budget Capital, National Treasury Bonds, Government Bonds, Capital from Retained Revenue for Investment but Not Yet Included in the State Budget Balance, Local Government Bonds, and Other Borrowed Funds of the Local Budget for Investment

1. Implementing the provisions stipulated in Articles 60, 61, 62, 63, and 64 of the Law on Public Investment.

2. Consistent with the progress of implementation and disbursement of the annual public investment plan of each project.

3. The capital allocation for each project shall not exceed the amount of capital in the approved medium-term public investment plan.

4. The allocation of capital for emergency projects and newly necessary projects as prescribed in Clause 3 of Article 27 of this Decree must be implemented as follows:

a) Belonging to the state budget investment development programs, national treasury bonds, government bonds, capital from retained revenue for investment but not yet included in the state budget balance;

b) Consistent with the principles, criteria, and capital investment allocation standards decided by the competent authority.

Article 30. Principles for selecting the list of programs and projects and the proposed allocation of annual investment plan funds from ODA and concessional loans from foreign sponsors

1. Belonging to the medium-term investment plan from ODA and concessional loans from foreign sponsors approved by the competent authority.

2. For new additional projects in the annual investment plan, there must be an international treaty on ODA and concessional loans signed with foreign sponsors.

3. In accordance with the progress of project implementation and the progress of loan disbursement by foreign sponsors who have committed.

4. For programs and projects under the national budget investment plan, in addition to ensuring the principles stipulated in Clauses 1, 2, and 3 of this Article, they must also comply with the provisions of Article 29 of this Decree.

Article 31. Procedures for drafting, reviewing, and consolidating the annual state investment plan

1. The procedures for drafting and reviewing the annual state investment plan are carried out according to the provisions of Article 59 of the Public Investment Law.

2. Before September 20 of the previous year, the Ministry of Planning and Investment compiles the draft of the next year's state investment plan and submits it to the Government.

3. Based on the Government's resolution and the Prime Minister's directives, before October 20 of the previous year, the Ministry of Planning and Investment completes the report to the Prime Minister. After the Prime Minister's approval, the Ministry of Planning and Investment, acting on behalf of the Prime Minister, submits the next year's state budget investment plan to the National Assembly, including:

a) Total investment capital from the state budget of central ministries and localities by sector, field, program, and local budget balancing fund;

b) List of national target programs and important national projects (if any);

c) Main solutions and policies to implement the state budget investment plan.

Article 32. Procedures for drafting, reviewing, and consolidating the annual central ministry and agency investment plan

1. Based on the national socio-economic development goals, the sector and field plans, the medium-term public investment plan approved by the competent authority, the Prime Minister's directives, and the guidance of the Ministry of Planning and Investment, central ministries and agencies assign specialized management bodies to prepare and submit to the competent authority for issuance of guidelines on the content, procedures, and timeframes for drafting the next year's public investment plan for subordinate agencies and units.

2. Subordinate agencies and units using public investment funds shall implement the following tasks based on the guidance provided in Clause 1 of this Article:

a) Draft the next year's public investment plan according to the provisions of Article 53 of the Public Investment Law within the assigned tasks;

b) Report to the superior agency for review of the next year's public investment plan and submit to the specialized management body for investment according to the timeframe specified in the guidelines issued by the central ministry or agency as stipulated in Clause 1 of this Article.

3. The specialized management body for investment organizes the review of the allocation plan for the next year's public investment plan of subordinate agencies and units before July 20 of the previous year and reports to the head of the central ministry or agency.

4. Subordinate agencies and units complete the next year's public investment plan according to the conclusions of the head of the central ministry or agency and submit to the specialized management body for investment according to the timeframe specified in the guidelines issued by the central ministry or agency.

5. The specialized agency managing public investment shall be responsible for:

a) Consolidate the next year's public investment plan of their own ministry or agency and the sectors and fields entrusted by the Government;

b) Submit to the competent authority for review and completion of the first draft of the next year's public investment plan and send it to the Ministry of Planning and Investment and the Ministry of Finance according to the timeframe specified in Clause 6 of Article 59 of the Public Investment Law;

c) Based on the review comments on the next year's public investment plan, complete and submit the second draft of the next year's public investment plan to the competent authority and send it to the Ministry of Planning and Investment and the Ministry of Finance according to the timeframe specified in Clause 9 of Article 59 of the Public Investment Law.

Article 33. Procedures for Establishing, Reviewing, and Consolidating Annual Public Investment Plans of Localities

1. Before June 30 of the preceding year, based on the national economic and social development goals, sectoral and field targets, and local targets for the following year, the medium-term public investment plan of the locality decided by the competent authority, the Prime Minister's directives, and the guidance of the Ministry of Planning and Investment, the Department of Planning and Investment shall take the lead in preparing and submitting to the Provincial People's Council for issuance of a directive or guiding document on the objectives, contents, procedures, and timeframes for establishing the public investment plan for the following year for departments, sectors, and lower-level People's Councils.

2. Departments and sectors at the provincial level, based on the guiding document stipulated in Clause 1 of this Article, shall be responsible for:

a) Implementing the establishment of the public investment plan for the following year within their assigned tasks as specified in Article 53 of the Public Investment Law;

b) Organizing the review of the public investment plan for the following year;

c) Completing the draft public investment plan for the following year according to the content specified in Article 53 of the Public Investment Law and reporting to the competent authority for consideration, and sending it to the Department of Planning and Investment within the timeframe specified in the guiding document stipulated in Clause 1 of this Article.

3. District and commune People's Councils shall be responsible for implementing the following tasks based on the guiding documents provided in Clause 1 of this Article:

a) Assigning specialized agencies managing public investment to establish the public investment plan for the following year within their assigned tasks and sources of funds under their management;

b) Organizing the review of the public investment plan for the following year at their level;

c) Completing the first draft of the public investment plan for the following year, submitting it to the People's Council or the Standing Committee of the People's Council at the same level for comments;

d) Based on the comments from the People's Council or the Standing Committee of the People's Council at the same level, the District People's Council shall direct the completion of the first draft of the public investment plan for the following year managed by their level, sending it to the Provincial People's Council, simultaneously sending it to the Department of Planning and Investment, the Department of Finance.

For the People's Council at the commune level, they shall send the public investment plan for the following year managed by their level to the District People's Council within the timeframe specified in the guiding document stipulated in Clause 1 of this Article. In cases where the Provincial People's Council delegates direct management of certain sources of public investment funds to the commune level, the Commune People's Council shall establish the public investment plan for the following year for these funds according to the provisions of Clause 1 of this Article and send it to the Provincial People's Council, simultaneously sending it to the Department of Planning and Investment, the Department of Finance, and the District People's Council.

4. The Department of Planning and Investment shall review the public investment plan for the following year of departments, sectors, and lower-level People's Councils within the timeframe specified in the guiding document stipulated in Clause 1 of this Article.

5. Based on the review opinions of the Department of Planning and Investment, departments, sectors, and lower-level People's Councils shall complete the draft public investment plan for the following year within their assigned tasks, report to the competent authority for comments, and send it to the Department of Planning and Investment within the timeframe specified in the guiding document stipulated in Clause 1 of this Article.

6. The Department of Planning and Investment shall consolidate and submit to the Provincial People's Council for consideration to report to the People's Council or the Standing Committee of the People's Council at the same level for comments before July 25 of the preceding year.

7. Based on the comments of the People's Council or the Standing Committee of the Provincial People's Council, the Provincial People's Council shall direct the completion of the first draft of the public investment plan for the following year and send it to the Ministry of Planning and Investment, the Ministry of Finance within the timeframe specified in Clause 6 of Article 59 of the Public Investment Law.

8. After receiving the review opinions of the Ministry of Planning and Investment, the Provincial People's Council shall be responsible for:

a) Assigning the District and Commune People's Councils to complete the second draft of the public investment plan for the following year at their level, reporting to the People's Council or the Standing Committee of the People's Council at the same level for comments, and sending it to the Provincial People's Council, simultaneously sending it to the Department of Planning and Investment, the Department of Finance within the timeframe specified in the guiding document stipulated in Clause 1 of this Article;

b) Assigning the Department of Planning and Investment to consolidate the second draft of the public investment plan for the following year at their level, reporting to the Provincial People's Council for submission to the People's Council or the Standing Committee of the People's Council at the same level;

c) Based on the comments of the People's Council or the Standing Committee of the People's Council at the same level, assigning the Department of Planning and Investment to complete the second draft of the public investment plan for the following year, reporting to the Provincial People's Council and sending it to the Ministry of Planning and Investment, the Ministry of Finance according to the provisions of Clause 9 of Article 59 of the Public Investment Law.

Article 34. Procedure for Proposing Detailed Allocation Plans and Assigning Annual State Budget Investment Plans, National Treasury Bonds, and Government Bonds

1. Before October 20 of the preceding year, the Ministry of Planning and Investment shall notify central ministries, sectors, and localities of the proposed public investment plan for the following year, including:

a) Central state budget capital by sector, field, and program at the level reported to the National Assembly by the Government;

b) National treasury bonds and government bonds at the level decided by the Prime Minister.

2. Central ministries and sectors shall base their proposals on the medium-term state budget investment plans, national treasury bonds, and government bonds that have been decided by the competent authority, and on the proposed public investment capital for the following year as notified in Clause 1 of this Article, to propose detailed lists and levels of state budget capital, national treasury bonds, and government bonds for each project in the public investment plan for the following year, and submit them to the Ministry of Planning and Investment and the Ministry of Finance before November 20 of the preceding year.

3. Localities shall propose detailed lists and levels of state budget capital, national treasury bonds, and government bonds in the following year's plan:

a) Based on the medium-term state budget investment plans, national treasury bonds, and government bonds that have been decided by the competent authority, and on the proposed public investment capital for the following year as notified in Clause 1 of this Article, the Chairman of the People's Committee of the province shall assign the Provincial Department of Planning and Investment to take the lead, in coordination with relevant departments, sectors, and lower-level People's Committees, to propose detailed plans for state budget capital, national treasury bonds, and government bonds for the following year, including lists and levels of central state budget capital and local budget balancing capital allocated to each project under local management, to report to the People's Committee of the province;

b) The People's Committee of the province shall report to the People's Council or the Standing Committee of the People's Council at the same level for comments on the proposed plans for central state budget capital, national treasury bonds, and government bonds for each project under local management for the following year, and submit them to the Ministry of Planning and Investment and the Ministry of Finance before November 20 of the preceding year.

4. In case the National Assembly approves the following year's state budget investment plan, national treasury bonds, and government bonds differently from the proposed public investment plan submitted by the Government:

a) Based on the Prime Minister's decision, the Ministry of Planning and Investment shall notify adjustments to central state budget capital, national treasury bonds, and government bonds for the following year to central ministries, sectors, and localities at the level decided by the National Assembly;

b) Central ministries, sectors, and localities shall complete specific allocation plans according to the procedures stipulated in Clauses 2 and 3 of this Article, and submit them to the Ministry of Planning and Investment and the Ministry of Finance within the specific timeframe announced by the Ministry of Planning and Investment.

5. The Ministry of Planning and Investment shall review and consolidate the proposed plans for central state budget capital, national treasury bonds, and government bonds for the following year from central ministries, sectors, and localities, and report to the Prime Minister for decision before December 5 of the preceding year.

6. The assignment of annual state budget investment plans, national treasury bonds, and government bonds shall be carried out in accordance with the provisions of Articles 4, 5, 6, and 7 of Article 66 of the Public Investment Law.

Article 35. Submitting, approving, and assigning annual investment plans for locally balanced budget capital, local government bond capital, retained revenue for investment but not yet included in the local balanced budget, and other local government loan funds for investment.

The submission, approval, and assignment of annual investment plans for locally balanced budget capital, local government bond capital, retained revenue for investment but not yet included in the local balanced budget, and other local government loan funds for investment shall be carried out in accordance with the provisions of Article 68 of the Public Investment Law.

Article 36. Submitting, approving, and assigning annual investment plans for retained revenue for investment but not yet included in the national balanced budget of central ministries and sectors.

1. Based on the annual investment plan from retained revenue for investment but not yet included in the national balanced budget of central ministries and sectors reported to the Government, the Ministry of Planning and Investment shall aggregate and submit to the Prime Minister for assignment of the annual investment plan for retained revenue for investment but not yet included in the national balanced budget of central ministries and sectors before December 15 of the previous year.

2. Based on the decision to assign the plan by the Prime Minister, before December 20 of the previous year, the Minister of Planning and Investment shall detail the annual investment plan for retained revenue for investment but not yet included in the national balanced budget of central ministries and sectors.

3. Based on the decision to assign the plan by the Prime Minister and the detailed plan assignment decision by the Minister of Planning and Investment, before December 31 of the previous year, the head of each central ministry and sector shall notify the annual investment plan for retained revenue for investment but not yet included in the national balanced budget of each project to related units for implementation.

Article 37. Submitting, approving, and assigning annual investment plans for ODA and preferential loans from foreign sponsors.

1. The submission, approval, and assignment of annual investment plans for ODA and preferential loans from foreign sponsors that are balanced within the state budget shall be carried out in accordance with the provisions of Article 34 of this Decree.

2. The submission, approval, and assignment of annual investment plans for ODA and preferential loans from foreign sponsors applying domestic financial mechanisms through refinancing shall be carried out in accordance with the provisions of Article 38 of this Decree, other regulations of the Government, and decisions of the Prime Minister.

3. The submission, approval, and assignment of annual public investment plans for ODA and preferential loans from foreign sponsors for other projects shall be implemented according to the decision of the Prime Minister.

Article 38. Procedures for establishing, approving, and assigning annual investment plans for state development credit funds.

1. Central ministries and sectors and localities shall forecast the annual investment plan for state development credit funds and send it to the Vietnam Development Bank and the Social Policy Bank, while also sending it to the Ministry of Planning and Investment and the Ministry of Finance before July 31 of the previous year.

2. The Vietnam Development Bank and the Social Policy Bank shall aggregate and report the forecasted annual investment plan for state development credit funds to the Ministry of Planning and Investment and the Ministry of Finance before August 10 of the previous year.

3. The Ministry of Planning and Investment shall aggregate the plan and report in accordance with Clause 3 of Article 31 of this Decree.

4. The assignment of the annual investment plan for state development credit funds shall be carried out as follows:

a) Before December 15 of the previous year, the Prime Minister shall assign the total amount of the annual investment plan for state development credit funds or the rate of increase in total credit debt, interest rate differential compensation, and bank costs, additional capital (if any) for the Vietnam Development Bank and the Social Policy Bank;

b) Before December 31 of the previous year, the Ministry of Planning and Investment shall assign the annual investment plan for state development credit funds to the Vietnam Development Bank, the Social Policy Bank, central ministries and sectors, and localities borrowing for projects repaying part of the loan with state budget funds.

Article 39. Documents for Requesting Review of Annual Public Investment Plan

1. Presentation from the competent authority on the annual public investment plan.

2. The medium-term public investment plan approved by the competent authority and the adjusted medium-term public investment plan (if any).

3. Report on the annual public investment plan according to the contents stipulated in Article 5 of this Decree.

4. Internal review report of the agency or unit.

5. Opinions of the People's Councils or Standing Committees of People's Councils at all levels on the draft annual public investment plan submitted by the same-level People's Committees in accordance with the Law on Public Investment and the provisions of this Decree.

6. Other related documents (if any).

Article 40. Contents and Review Report of Annual Public Investment Plan

1. Content of examination:

a) Review of the contents prescribed in Articles 50, 51, and 53 of the Law on Public Investment;

b) Suitability with the medium-term public investment plan decided by the competent authority or the adjusted public investment plan (if any);

c) Proposed allocation of capital for each sector, field, program, and specific project;

d) Other related contents (if any).

2. Review report on the annual public investment plan according to the model prescribed in Appendix II attached to this Decree.

Chapter III

IMPLEMENTATION AND MONITORING,INSPECTION, EVALUATION OF PUBLIC INVESTMENT PLAN

Article 41. Organization and Management of Public Investment Plan

1. Based on the resolutions of the National Assembly on the five-year socio-economic development plan and the annual socio-economic development plan, the medium-term public investment plan, and the annual public investment plan, the Government shall issue:

a) Resolution on implementing the five-year socio-economic development plan, including measures for organizing and implementing the medium-term public investment plan;

b) Resolution on directing the implementation of the annual socio-economic development plan and the state budget estimate, including measures for organizing and implementing the annual public investment plan.

2. Ministries, central agencies, localities, and units using public investment funds shall implement the provisions of Clause 2, Article 72 of the Law on Public Investment.

Article 42. Implementation of Public Investment Plan

1. Ministries, central agencies, and local authorities at all levels shall notify or decide to allocate the medium-term and annual public investment plans to agencies and units using public investment funds within the specified time frame and according to the allocation decision of the competent authority and the management level of the source of funds.

2. Report on the situation of notification and allocation of the medium-term and annual public investment plans:

a) Within thirty days from the date the competent authority issues the decision allocating the medium-term and annual public investment plans, ministries, central agencies, and provincial People's Committees shall report to the Ministry of Planning and Investment and the Ministry of Finance on the situation of notification and allocation of the medium-term and annual public investment plans of ministries, central agencies, and localities;

b) The Ministry of Planning and Investment shall compile and report to the Prime Minister on the situation of allocation of the medium-term public investment plan before March 31 of the first year of the medium-term public investment plan period and before March 31 of the planning year for the annual public investment plan of ministries, central agencies, and localities.

3. Agencies and units using public investment funds shall report to the competent authority on the implementation of the plan according to the guidance of the Ministry of Planning and Investment.

4. The Ministry of Planning and Investment and specialized agencies managing public investment shall implement the provisions of Clause 3, Article 73 of the Law on Public Investment.

Article 43. Implementation of public investment plans

1. Ministries, central agencies, local levels of government, and entities using public investment capital shall implement the provisions set forth in Clause 1 of Article 74 of the Public Investment Law.

2. The Ministry of Planning and Investment shall have the responsibility:

a) Implement the provisions set forth in Clause 2 of Article 74 of the Public Investment Law;

b) Submit to the Prime Minister for issuance of directives to strengthen measures for implementing medium-term and annual public investment plans when necessary, or submit guiding documents for implementation of the Prime Minister's instructions and other documents within their authority.

3. The Ministry of Finance shall implement the provisions set forth in Clause 3 of Article 74 of the Public Investment Law.

Article 44. Adjustment of public investment plans

1. The Ministry of Planning and Investment:

a) Report to the Prime Minister and, upon approval by the Prime Minister, acting on behalf of the Prime Minister, submit to the National Assembly for decision on overall adjustment of medium-term and annual state budget capital, national treasury bonds, and government bonds in accordance with Clause 1 of Article 75 of the Public Investment Law;

b) Report to the Prime Minister and, upon approval by the Prime Minister, acting on behalf of the Prime Minister, submit to the Standing Committee of the National Assembly for decision on adjustment of medium-term and annual public investment plans in accordance with Clause 2 of Article 75 of the Public Investment Law;

c) Submit to the Prime Minister for decision on adjustment of medium-term and annual public investment plans in accordance with Clause 3 of Article 75 of the Public Investment Law;

d) Adjust annual public investment plans in accordance with point c of Clause 4 of Article 75 of the Public Investment Law;

đ) Take the lead in reviewing adjustment plans for medium-term and annual public investment plans in accordance with points a and b of Clause 4 of Article 75 of the Public Investment Law.

2. Provincial People's Councils adjust the total amount of medium-term and annual public investment plans for locally balanced state budgets, local government bond funds, retained revenue for investment but not yet included in the local state budget balance, and other local state budget loans for investment in cases specified in Clause 5 of Article 75 of the Public Investment Law. The Department of Planning and Investment is responsible for compiling draft adjustment plans to report to the provincial People's Council for submission to the provincial People's Council for decision.

3. People's Committees at all levels decide on adjustments to medium-term and annual public investment plans in accordance with Clause 6 of Article 75 of the Public Investment Law and report to the same-level People's Council at the nearest session.

Article 45. Advance public investment plan capital

1. Public investment projects that have been approved by competent authorities in the five-year medium-term public investment plan may, if there is a need for capital to accelerate implementation progress, be allowed to advance the next year's planned capital to implement the medium-term public investment plan according to the approval decision of the competent authority.

2. The amount of advanced capital for each project shall not exceed the total amount of the five-year medium-term plan allocated to the project.

Article 46. Execution and disbursement of public investment plan capital

1. The time for execution and disbursement of medium-term and annual public investment plan capital shall be carried out in accordance with the provisions of Article 76 of the Public Investment Law.

2. For projects using state budget capital, national treasury bonds, government bonds, local government bond funds, and retained revenue for investment but not yet included in the state budget balance, the time for disbursement of annual public investment plans can be extended until December 31 of the following year.

In special cases, the Prime Minister decides to extend the disbursement period of annual public investment plans for individual projects to subsequent years, but not exceeding the execution and disbursement period of the medium-term public investment plan as stipulated in point a of Clause 1 of Article 76 of the Public Investment Law.

3. Procedures and formalities for extending the execution and disbursement period of annual central budget capital, national treasury bonds, and government bonds:

a) Before March 15 each year, ministries, central agencies, and localities send the list of projects using central budget capital, national treasury bonds, and government bonds that have not fully disbursed the previous year's plan to the Ministry of Planning and Investment and the Ministry of Finance; propose the list, reasons, and amount of the previous year's plan to extend the execution and payment period to the following year;

b) The Ministry of Planning and Investment, in coordination with the Ministry of Finance, review the proposals from ministries, central agencies, and localities, and before April 30 each year, notify ministries, central agencies, and localities of the list of projects and the amount of central budget capital, national treasury bonds, and government bonds from the previous year's plan that will be extended for execution to the following year as stipulated in this clause.

4. The amount of the previous year's planned investment capital extended for disbursement in accordance with Clause 2 and point b of Clause 3 of this Article shall be settled in subsequent years' budgets based on actual disbursements made each year.

Article 47. Monitoring and inspecting public investment plans

1. Monitoring and inspecting the establishment, appraisal, approval, allocation, and implementation of public investment plans shall be carried out in accordance with the provisions of Article 77 of the Public Investment Law.

2. The Ministry of Planning and Investment shall guide central ministries, sectors, and localities in monitoring and inspecting medium-term and annual public investment plans in accordance with laws on public investment.

3. Central ministries and sectors shall organize monitoring of the implementation of medium-term and annual public investment plans based on the guidance of the Ministry of Planning and Investment, including detailed information on the implementation and disbursement of investment projects under the medium-term and annual public investment plans managed by central ministries and sectors.

4. Provincial People's Committees shall organize and guide departments, branches, sectors, and lower-level People's Committees to monitor the implementation of medium-term and annual public investment plans based on the guidance of the Ministry of Planning and Investment, including detailed information on the implementation and disbursement of investment projects under the medium-term and annual public investment plans of the locality.

5. The Ministry of Finance shall monitor and compile information on the disbursement of investment projects using state budget funds, national treasury bonds, government bonds, and other sources of public investment funds according to the assignment of the Prime Minister.

Article 48. Reporting on the Implementation and Disbursement of Public Investment Plans

1. Central ministries, sectors, and provincial People's Committees shall report on the implementation and disbursement of medium-term and annual public investment plans to the Ministry of Planning and Investment and the Ministry of Finance, including the following contents:

a) The situation regarding the implementation and disbursement of medium-term public investment plans halfway through the third year of the medium-term plan and at the end of the medium-term plan;

b) The situation regarding the implementation and disbursement of annual public investment plans quarterly before the tenth day of the first month of the next quarter and annually before February 28 of the following year;

c) Other information serving the preparation, monitoring, and evaluation of medium-term and annual national public investment plans, central ministries, and sectors, and localities.

2. The Ministry of Finance shall periodically report every six months, annually, halfway through the period, and over the five-year period to the Prime Minister, simultaneously sending reports to the Ministry of Planning and Investment;

a) The situation regarding the disbursement of medium-term and annual public investment plans using state budget funds, national treasury bonds, government bonds, local government bonds, retained revenue for investment but not included in the state budget balance of central ministries, sectors, and localities, and other sources of public investment funds according to the assignment of the Prime Minister.

b) Detailed disbursement of capital investment plans for projects using central government budget funds, national treasury bonds, and government bonds.

3. Reporting on the implementation of medium-term public investment plans at various levels and sectors in localities shall be implemented according to the following regulations:

a) The Department of Planning and Investment shall prepare and submit to the provincial People's Committee for issuance of regulations on reporting, providing information, and the time for reporting medium-term and annual public investment plans of departments, branches, sectors, and lower-level People's Committees in accordance with the monitoring and evaluation regulations of medium-term and annual public investment plans, programs, and projects under the Public Investment Law, this Decree, and the management and operation requirements of the public investment plan of the locality;

b) Departments, branches, sectors, and lower-level People's Committees shall implement the reporting system and provide information in accordance with the regulations stipulated in point a of this clause.

Article 49. Evaluation of Implementation of Public Investment Plans

1. Ministries, central agencies, and provincial People's Committees shall evaluate the implementation of medium-term and annual public investment plans in accordance with Article 78 of the Law on Public Investment; they shall submit periodic reports every six months, annually, mid-term, and at the end of the period to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to report to the Prime Minister the following contents:

a) Evaluate the implementation of medium-term public investment plans halfway through the third year of the medium-term plan and at the end of the period when implementing the medium-term public investment plan.

b) Evaluate the implementation of annual public investment plans in September each year and before March 31 of the following year.

3. People's Committees at all levels shall organize the evaluation of the implementation of public investment plans in accordance with the guidelines of the Ministry of Planning and Investment and the provincial People's Committee.

Chapter IV

TASKS, POWERS, AND RESPONSIBILITIES OF ORGANIZATIONS, ENTITIES, AND INDIVIDUALS IN THE PREPARATION, MONITORING, AND EVALUATION OF PUBLIC INVESTMENT PLANSCỦA CÁC CƠ QUAN, TỔ CHỨC, CÁ NHÂN TRONG LẬP, THEO DÕI VÀ ĐÁNH GIÁ KẾ HOẠCH ĐẦU TƯ CÔNG ||| OF ORGANIZATIONS, ENTITIES, AND INDIVIDUALS IN THE PREPARATION, MONITORING, AND EVALUATION OF PUBLIC INVESTMENT PLANS

Article 50. Tasks and Powers of the Government

1. To unify state management over the preparation, monitoring, evaluation, and implementation of medium-term and annual public investment plans.

2. To issue legal documents on the preparation, monitoring, evaluation, and implementation of public investment plans.

3. To submit to the National Assembly for decision-making on the national medium-term and annual public investment plans.

4. To submit to the National Assembly and the Standing Committee of the National Assembly for decision-making on adjustments to the medium-term and annual public investment plans in accordance with Clause 1 and Clause 2 of Article 75 of the Law on Public Investment.

5. To implement the provisions of Article 87 of the Law on Public Investment.

Article 51. Tasks and Powers of the Prime Minister

1. To issue decisions and directives on the preparation and implementation of medium-term and annual public investment plans.

2. Based on the Resolution of the Standing Committee of the National Assembly, to issue decisions on the principles, criteria, and allocation standards for public investment capital for the next five-year period to serve the preparation, review, approval, and assignment of medium-term public investment plans.

3. To decide on the assignment and adjustment of medium-term and annual public investment plans in accordance with the law.

4. To organize the implementation of medium-term and annual public investment plans, including decisions to adjust the plans if necessary.

5. To organize the implementation of national target programs, important national projects, national target programs using central government budget funds, national treasury bonds, and government bonds.

6. To organize inspections and audits of the preparation, monitoring, evaluation, and implementation of medium-term and annual public investment plans by ministries, central agencies, and localities; to inspect the preparation, implementation, monitoring, and evaluation of investment projects using public investment funds; and to inspect the implementation of public investment policies and goals by localities.

Article 52. Tasks and Powers of the Ministry of Planning and Investment

1. To advise the Government on unifying state management over the preparation, monitoring, evaluation, and implementation of medium-term and annual public investment plans.

2. To submit draft legal documents, instructions, and guidance to the Government on medium-term and annual public investment plans.

3. To submit to the Prime Minister:

a) Principles, criteria, and allocation standards for development capital from the state budget, national treasury bonds, and government bonds to report to the Standing Committee of the National Assembly; draft Decisions of the Prime Minister on the principles, criteria, and allocation standards for development capital from the state budget, national treasury bonds, and government bonds in the medium-term investment plan for the subsequent period;

b) A list of projects within the Prime Minister's authority to extend the time for allocating capital according to point a, Clause 3, Article 13 of this Decree;

c) The ability to balance central government budget capital, national treasury bonds, and government bonds by sector, field, and program; the ability to balance capital for ministries, central agencies, and localities in medium-term and annual public investment plans.

4. To issue guiding documents within its authority for ministries, central agencies, and localities on the preparation, implementation, monitoring, and evaluation of medium-term and annual public investment plans, including procedures and contents for preparation, implementation, monitoring, and evaluation of medium-term and annual public investment plans; consultation mechanisms and contents; adjustment of medium-term and annual public investment plans; advance payment of medium-term and annual public investment plans; coordination mechanisms between ministries, central agencies, and localities in preparing, monitoring, and evaluating medium-term and annual public investment plans by sector, field, and programs.

5. To take the lead and coordinate with ministries, central agencies, and provincial People's Committees to prepare, review, and submit to competent authorities for decision-making on the national medium-term and annual public investment plans; to organize the implementation, monitoring, and evaluation of medium-term and annual public investment plans.

6. To implement the provisions of Article 88 of the Law on Public Investment.

7. To take the lead and coordinate with ministries, central agencies, and provincial People's Committees to build information technology systems to collect information on the implementation of investment projects under medium-term and annual public investment plans.

8. To compile and report evaluations of medium-term and annual public investment plans; mid-term and final evaluations of national medium-term public investment plans.

9. To guide and participate in organizing training for officials to enhance their capacity in preparing, monitoring, and evaluating the implementation of medium-term and annual public investment plans.

10. To organize inspections, audits, and supervision of the preparation, monitoring, and evaluation of the implementation of medium-term and annual public investment plans by ministries, central agencies, and localities.

Article 53. Tasks and Authorities of the Ministry of Finance

1. To take the lead and coordinate with the Ministry of Planning and Investment:

a) To forecast the ability to balance state budget revenues and expenditures in the medium term and annually;

b) To guide the advance payment, settlement, and finalization of projects using capital from the medium-term and annual public investment plans according to the provisions of the law;

2. To coordinate with the Ministry of Planning and Investment in establishing, monitoring, inspecting, and evaluating the implementation of the medium-term and annual public investment plans.

3. To report to the Government and the Prime Minister and send copies to the Ministry of Planning and Investment on the disbursement situation of the medium-term and annual public investment capital plan according to the provisions of the law.

Article 54. Tasks and Authorities of Central Ministries and Agencies

1. To establish medium-term and annual public investment plans directly managed by central ministries and agencies and national target programs within their functions and tasks assigned by the Government.

2. To coordinate with the Ministry of Planning and Investment during the process of establishing the national medium-term and annual public investment plans.

3. To organize the implementation of medium-term and annual public investment plans directly managed by central ministries and agencies.

4. To organize the monitoring and evaluation of the implementation of medium-term and annual public investment plans directly managed by central ministries and agencies and national target programs within their functions, tasks, and authorities assigned by the Government.

5. To report on the situation and results of implementing medium-term and annual public investment plans directly managed by central ministries and agencies and national target programs within their functions, tasks, and authorities assigned by the Government, and other reports as required by the Government.

6. To specify the specific tasks, authorities, and responsibilities of specialized agencies managing public investment at central ministries and agencies in accordance with the characteristics of each central ministry and agency.

7. To inspect and supervise the establishment, monitoring, and evaluation of the implementation of investment projects under the medium-term and annual public investment plans within their sector and field according to the provisions of the law.

Article 55. 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) To decide on the medium-term and annual investment plans for local state budget funds at their level according to the provisions of the law and consistent with the development goals and characteristics of the locality;

b) To decide on measures to mobilize other sources of capital to implement the medium-term public investment plan at their level;

c) To give opinions or entrust the Standing Committee of the People's Council at the same level to give opinions on the medium-term and annual public investment plans for centrally-managed investment capital before the People's Committee at the same level sends them to higher-level agencies;

d) To monitor the implementation of the medium-term and annual public investment plans at their level.

2. The People's Council at the provincial level decides on the delegation of management authority and the content of establishing, monitoring, and evaluating the medium-term and annual public investment plans for lower levels in accordance with the situation and characteristics of the locality and the provisions of the law.

Article 56. Tasks and Authorities of Provincial People's Committees

1. To implement state management over the establishment, operation, monitoring, and evaluation of the implementation of the local public investment plan according to the Public Investment Law and this Decree.

2. To submit to the Provincial People's Council the contents stipulated in point d and point e, Clause 2, Article 92 of the Public Investment Law.

3. Based on the resolutions of the People's Council, to organize the implementation of the provincial medium-term and annual public investment plans, and to report the results of implementation to the People's Council, the Ministry of Planning and Investment, the Ministry of Finance, and relevant central ministries and agencies for consolidation and reporting to the Prime Minister.

4. To organize consultations to seek opinions from agencies, organizations, enterprises, and local communities on the provincial medium-term public investment plan (if necessary).

5. To organize the monitoring and evaluation of the implementation and disbursement of the provincial medium-term and annual public investment plans; to report periodically quarterly, annually, mid-term, and throughout the period on the implementation of the provincial medium-term public investment plan and other special reports.

6. To issue regulations on coordination between sectors and levels of the locality in establishing, monitoring, and evaluating the implementation of the provincial medium-term and annual public investment plans.

7. To coordinate with central ministries and agencies to organize the implementation, monitoring, inspection, and evaluation of plans, programs, and projects in the province.

8. To inspect compliance with legal provisions on the establishment, monitoring, and evaluation of the implementation of the medium-term and annual public investment plans at various levels and sectors in the locality.

Article 57. Tasks and Authorities of the People's Committee at the District Level and Commune Level

1. Implement the provisions set out in Clauses 1, 3, 5, and 6 of Article 93 of the Law on Public Investment in the preparation, review, approval, organization of implementation, monitoring, evaluation, inspection, and audit of the medium-term and annual public investment plans under their management.

For the People's Committee of districts, towns, and wards without a corresponding People's Council, they shall be a budget unit of the higher-level state budget entity, submit their medium-term and annual public investment plans to the higher-level People's Committee for consolidation within the higher-level People's Committee’s medium-term and annual public investment plans.

2. Coordinate with state agencies at higher levels in the preparation, monitoring, and evaluation of the implementation of medium-term and annual public investment plans in their respective areas.

3. Specify the tasks, authorities, and responsibilities of specialized agencies managing investment at their level in accordance with the situation, conditions, and development characteristics of their locality.

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

1. Advise and present to the Provincial People's Committee:

a) The preparation and draft of the medium-term and annual public investment plans of the locality in line with the national medium-term and annual public investment plans, sectoral plans, specific conditions, and the local government's ability to balance funds;

b) The list of projects extending capital allocation timeframes within the authority of the Chairman of the Provincial People's Committee as stipulated in Point b Clause 3 of Article 13 of this Decree.

2. Propose adjustments to the provincial medium-term and annual public investment plans when necessary.

3. Based on the resolution of the Provincial People's Council, take the lead and coordinate with relevant agencies to advise the Provincial People's Committee on organizing and implementing the provincial medium-term and annual public investment plans. Propose solutions to mobilize various sources of funding to implement the provincial medium-term and annual public investment plans.

4. Monitor and evaluate the implementation and disbursement of investment projects under the medium-term and annual public investment plans; report periodically on the implementation of the medium-term and annual public investment plans of the locality to the Provincial People's Committee for submission to the Ministry of Planning and Investment, the Ministry of Finance, and other relevant agencies as prescribed by law.

5. Advise and present to the Provincial People's Committee regulations on coordination among sectors and levels of the locality in preparing, monitoring, evaluating the implementation, and disbursing investment projects under the medium-term and annual public investment plans in the locality.

6. Coordinate with state agencies at higher levels during the preparation and implementation of the medium-term and annual public investment plans of the locality.

Article 59. Tasks and Authorities of the Department of Finance

1. Take the lead and coordinate with the Department of Planning and Investment to present to the Provincial People's Committee the forecast of revenue and expenditure of the local budget, retained revenues for investment but not included in the local budget balance in the medium-term and annual public investment plans.

2. Coordinate with the Department of Planning and Investment to prepare the medium-term and annual public investment plans for locally balanced budgets and other public investment funds managed by the locality.

3. Regularly report on the disbursement status of the medium-term and annual public investment plans of the locality to the Provincial People's Committee for submission to the Ministry of Planning and Investment, the Ministry of Finance, and other relevant agencies as prescribed by law.

Article 60. Tasks and Authorities of the Government Inspectorate

Chairing and coordinating with the Ministry of Planning and Investment, the Ministry of Finance, and other central ministries and sectors to organize inspections on the establishment and implementation of medium-term and annual state investment plans.

Article 61. Responsibilities and Obligations of Organizations and Units Using State Investment Funds

1. Establishing, organizing the implementation, and managing medium-term and annual state investment plans in accordance with industry and sector development goals and the anticipated ability to mobilize other investment sources.

2. Utilizing state investment funds in accordance with objectives, tasks, and regulations stipulated by law, ensuring effective use of funds.

3. Reporting on the implementation of investment projects included in the medium-term and annual state investment plans in accordance with legal provisions.

Article 62. Responsibilities and Obligations of Other Organizations and Individuals Related to the Establishment, Monitoring, and Evaluation of Medium-Term and Annual State Investment Plans

1. Participating, proposing, and supervising the establishment, monitoring, and evaluation of medium-term and annual state investment plans in accordance with legal provisions.

2. Adhering strictly to legal regulations regarding the execution and reporting on project implementation or related matters within their areas of responsibility or assigned tasks.

3. Agencies, organizations, and individuals required to provide information, documents, or contribute opinions related to the content of establishing, monitoring, and evaluating medium-term and annual state investment plans must provide them fully and promptly and bear responsibility for the accuracy and truthfulness of the provided information and documents.

Chapter V

IMPLEMENTING PROVISIONS

Article 63. Transitional Provisions

1. For the establishment, review, consolidation, and approval of the five-year medium-term state investment plan from 2016 to 2020:

a) The procedures for establishing, reviewing, consolidating, and approving the state investment plan shall be carried out according to the Prime Minister's Directive on the establishment of the five-year medium-term state investment plan from 2016 to 2020;

b) For ongoing projects managed by localities that have been supported with capital and central budget during the period 2011-2015, and new projects not yet allocated central budget capital but before the Law on State Investment took effect were decided by the Prime Minister on specific central budget capital amounts or had been reviewed by the Ministry of Planning and Investment for specific central budget capital amounts: continue to allocate according to the specified central budget capital amounts as stipulated in the Prime Minister's decisions on allocating the plan and the central budget capital amounts reviewed by the Ministry of Planning and Investment, regardless of project scale, until completion; the new mechanism regarding scale and 100% support ratio as prescribed in points b and c of Clause 1, Article 14 of this Decree shall not apply.

2. Ongoing state investment projects handed over capital to implement the project in the state investment plan before the Law on State Investment took effect: criteria for classifying project groups A, B, C and the time frame for allocating medium-term and annual plan capital to complete the projects continue to be implemented according to the legal provisions prior to the Law on State Investment taking effect.

3. New projects initiated and allocated capital from the 2015 plan: criteria for classifying project groups and the time frame for allocating medium-term and annual plan capital to complete the projects shall be implemented according to the provisions of this Decree.

Article 64. Effective Date

1. This Decree takes effect from November 1, 2015.

2. All previous regulations contrary to the provisions of this Decree are abolished.

Article 65. Responsibility for Implementation

1. The Minister of Planning and Investment shall issue detailed regulations on the articles and clauses assigned in this Decree.

2. Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Heads of other central agencies, Chairmen of Provincial People's Committees directly under the Central Government, and Heads of relevant agencies and units are responsible for implementing this Decree./.