Decision No. 80/2005/QĐ-TTg On the issuance of the Community Investment Supervision Regulation

DECISION OF THE PRIME MINISTER

Regarding the issuance of the Community Investment Supervision Regulation

PRIME MINISTER

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

Based on the provisions of the laws on investment management;

Based on the Regulation on Implementing Democracy in Communes issued pursuant to Decree No. 79/2003/NĐ-CP dated July 7, 2003 of the Government;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECISION:

Article 1. The Community Investment Supervision Regulation is hereby promulgated along with this Decision.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, relevant agencies, organizations, and individuals shall be responsible for implementing this Decision./.

REGULATIONS

COMMUNITY INVESTMENT SUPERVISION

(Issued together with Decision No. 80/2005/QĐ-TTg dated April 18, 2005

of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. Community Investment Supervision

Community investment supervision is a voluntary activity of residents living in communes, wards, or towns (hereinafter referred to as commune) in accordance with the provisions of this Regulation and other related laws, aimed at monitoring and evaluating the compliance with investment management regulations by competent authorities deciding on investment, investors, project management boards, contractors, and construction units during the investment process; identifying and making recommendations to state agencies with authority regarding violations of investment management regulations to promptly prevent and address non-compliant actions causing waste, loss of state capital and assets, and harm to community interests.

Article 2. Objectives of Community Investment Supervision

1. Contributing to ensuring that investment activities comply with approved master plans, align with socio-economic development goals, and achieve high economic and social efficiency.

2. Identifying and preventing to promptly address investment activities that deviate from master plans, violate regulations, cause waste, loss of state capital and assets, negatively impact project quality, and harm community interests.

Article 3. Subjects and Scope of Community Investment Supervision

1. The subjects of community investment supervision are:

a) Competent authorities deciding on investment;

b) Investors;

c) Consulting contractors, construction supervision contractors, construction contractors, equipment and material supply contractors, raw material suppliers, etc., of the project (hereinafter collectively referred to as contractors).

2. The scope of community investment supervision includes:

a) Investment programs and projects (hereinafter collectively referred to as investment projects) using state funds and not classified as national secrets under the law, which directly affect the community within the commune’s territory;

b) Investment projects funded by community resources or direct donations from organizations and individuals to the commune;

c) Investment projects funded by other sources.

Article 4. Contents of Community Investment Supervision

1. For investment projects specified in point c, Clause 2, Article 3 of this Regulation, the contents of investment supervision include:

a) Evaluating the alignment of the investment decision with socio-economic development master plans, industry development plans, land use plans, infrastructure development plans, detailed urban and residential area construction plans, industrial zones, and related investment plans on the commune’s territory as stipulated by law;

b) Evaluating the investor's compliance with regulations concerning land boundaries and land use; detailed site planning, architectural schemes, and construction; waste disposal and environmental protection; compensation, land clearance, and resettlement plans; progress and investment schedules;

c) Identifying actions that harm community interests; negative impacts of the project on the community's living environment during implementation and operation of the project.

2. For projects specified in points a and b, Clause 2, Article 3 of this Regulation, in addition to the contents stipulated in Clause 1 of this Article, the community will also monitor and evaluate the investment effectiveness of the project; identify actions causing waste and loss of capital and assets belonging to the project.

3. For projects specified in point b, Clause 2, Article 3 of this Regulation, in addition to the contents stipulated in Clauses 1 and 2 of this Article, the community will also monitor and inspect compliance with technical procedures, standards, and material types as prescribed during the implementation of the investment project; monitor and inspect the results of project acceptance and final settlement.

Article 5. The Right to Supervise Investment by the Community

1. Citizens residing within the commune territory supervise investment projects within the commune through the Community Investment Supervision Board; the Community Investment Supervision Board is established and operates according to the provisions of Article 8 of this Regulation.

2. The Community Investment Supervision Board has the right to:

a) Request relevant state management agencies to provide information on socio-economic development planning, industry development planning, land use planning, infrastructure development planning, detailed urban area construction planning, residential areas, industrial zones, etc., and related investment plans within the commune as prescribed by law;

b) Request relevant state management agencies to respond to issues within their scope of management as prescribed by law;

c) Request entities subject to community investment supervision to respond and provide information for the purpose of investment supervision as stipulated in Article 4 of this Regulation and within their scope of responsibility as prescribed by law.

3. Propose competent authorities to suspend the implementation of investment and operation of projects in cases where the project seriously affects production, security, cultural-social life, living environment hygiene of the community or due to the investor not implementing investment transparency as prescribed by law.

4. Report to state agencies on the results of community investment supervision and propose measures for handling.

Article 6. Requirements for Community Investment Supervision

Investment supervision must ensure the following requirements:

1. Accurate in terms of the objects, scope, and content of investment supervision as prescribed.

2. Not obstructing the work of entities subject to community investment supervision.

Chapter II

IMPLEMENTATION OF COMMUNITY INVESTMENT SUPERVISION

Article 7. Methods of Implementing Community Investment Supervision

Community investment supervision activities are implemented in the following manner:

1. For projects carried out within the scope of one commune: citizens carry out supervision based on information made public according to the law and this Regulation. Opinions and proposals of citizens regarding issues stipulated in Article 4 of this Regulation are reflected through community organizations or the Vietnam Fatherland Front Committee at the commune level;

2. For projects carried out within the scope of multiple communes: citizens reflect proposals regarding issues stipulated in Clause 1 of Article 4 of this Regulation through the Vietnam Fatherland Front Committee at the commune level where they reside;

3. The Community Investment Supervision Board carries out supervision work according to the provisions of Article 9 of this Regulation.

Article 8. The Vietnam Fatherland Front Committee at the Commune Level

1. Guide and encourage the community to actively exercise the right to supervise investment as prescribed by this Regulation.

2. Summarize, report, and propose to competent authorities on issues stipulated in Article 4 of this Regulation (in cases where the Community Investment Supervision Board is not established); submit to the Department of Planning and Investment consolidated tables of community investment supervision results (according to the content suggested in Appendix No. 1 attached to this Regulation).

3. Establish the Community Investment Supervision Board upon the request of the community:

a) Organize a community meeting or a meeting of community representatives to elect the Community Investment Supervision Board (new election, supplementation, dissolution, and election of replacement members) or decide to dissolve the Community Investment Supervision Board; appoint a representative of the Vietnam Fatherland Front Committee at the commune level to participate in the Community Investment Supervision Board (this member is appointed and decided to be changed when requested by the community or the Community Investment Supervision Board). Members of the Community Investment Supervision Board shall not be current members of the People's Council at the commune level;

b) Organize the first meeting of the Community Investment Supervision Board to elect the Chairperson, Vice-Chairperson, and assign tasks to each member;

c) Issue a document recognizing the Community Investment Supervision Board (or confirming the dissolution of the Community Investment Supervision Board), notify the People's Council, People's Committee at the commune level, and the community and investors with projects in the locality.

4. Guide the Community Investment Supervision Board to develop a supervision program and plan according to the law and this Regulation; support the Community Investment Supervision Board in communication, preparation, and submission of the Community Investment Supervision Report to relevant agencies when necessary.

5. Confirm the documents reflecting and proposing by the Community Investment Supervision Board before sending them to competent authorities.

Article 9. Investment Supervision Board of the Community

1. Based on the actual need for investment supervision in the commune and the guidance of the Vietnam Fatherland Front Committee at the commune level, develop a program and plan for community investment supervision that complies with the provisions of the law and the contents stipulated in Article 4 of this Regulation.

2. Organize the implementation of community investment supervision according to the established program and plan; receive information reported by citizens and forward it to competent authorities regarding issues specified in Article 4 of this Regulation; receive and inform citizens about the responses from competent authorities concerning their petitions.

3. Summarize, reflect, and make recommendations to competent authorities on the contents stipulated in Article 4 of this Regulation. Report to the responsible authority for investment supervision at the local level (Department of Planning and Investment) the results of summarizing the implementation of community investment supervision work according to the suggested content in Appendix 1 attached to this Regulation.

Article 10. Summary and Reflection of Results of Community Investment Supervision

1. The Vietnam Fatherland Front Committee at the commune level (in cases where the Investment Supervision Board of the Community has not been established) or the Investment Supervision Board of the Community shall compile community opinions in writing and send them to individuals, organizations, and competent authorities deciding on investment, state investment supervisory agencies, state management agencies, and related funding organizations.

2. The summary and reflection of results of community investment supervision must be timely, truthful, and objective.

Article 11. Reporting System

1. Periodically (every six months and annually), the Vietnam Fatherland Front Committee at the commune level (or the Investment Supervision Board of the Community) shall prepare a consolidated report on the results of community investment supervision, and submit it to the People's Council, People's Committee at the commune level, and the Department of Planning and Investment. The deadline for submitting the mid-year consolidated report is the second week of July; the annual consolidated report is due in the second week of January of the following year. The consolidated report includes the suggested contents in Appendix 1 attached to this Regulation.

2. Periodically (every six months and annually), the Department of Planning and Investment shall consolidate and prepare a report on the results of community investment supervision in the locality, and submit it to the People's Council, People's Committee at the provincial level, and the Ministry of Planning and Investment. The deadline for submitting the mid-year report is the fourth week of July; the annual report is due in the fourth week of January of the following year. The consolidated report includes the suggested contents in Appendix 2 attached to this Regulation.

3. Periodically (every six months and annually), the Ministry of Planning and Investment shall consolidate and prepare a report to the Prime Minister on the results of community investment supervision nationwide. The deadline for submitting the mid-year report is the second week of August; the annual report is due in the second week of February of the following year. The consolidated report includes the suggested contents in Appendix 2 attached to this Regulation.

Chapter III

RESPONSIBILITIES OF INDIVIDUALS, ORGANIZATIONS, AND AUTHORITIES RELATED TO THE IMPLEMENTATION OF COMMUNITY INVESTMENT SUPERVISION

IN THE IMPLEMENTATION OF INVESTMENT SUPERVISION BY THE COMMUNITY

Article 12. Responsibilities of Sector Management Agencies at Various Levels

1. Implement the public disclosure of information on planning in accordance with the law.

2. Examine and resolve issues within their jurisdiction as prescribed by law based on community requests within 15 working days from the date of receipt of the community's written petition; report to higher-level authorities issues beyond their jurisdiction.

3. Inspect, prevent, and handle violations of laws and this Regulation.

Article 13. Responsibilities of People's Committees at all levels

1. Implement the public disclosure of information on socio-economic development planning, planning, land use plans, infrastructure development planning, detailed urban area construction planning, residential areas, industrial zones, and related investment plans within the commune in accordance with the provisions of the law.

2. Examine and resolve issues within their jurisdiction as prescribed by law based on community requests within 15 working days from the date of receipt of the community's written petition; report to higher-level authorities issues beyond their jurisdiction.

3. Inspect, prevent, and handle violations of laws and this Regulation.

Article 14. Responsibilities of individuals, organizations, and agencies authorized to make investment decisions

Individuals, organizations, and agencies authorized to make investment decisions shall be responsible for deciding measures to address issues within their authority according to the law that the community has requested within fifteen working days from the date of receipt of the community's written request.

Article 15. Responsibilities of the Community Supervisory Board

1. Request the project investor and contractors to report, explain, and provide information to clarify issues about which the community has opinions.

2. Compile the community's opinions, relevant state management agencies' opinions, investors' and contractors' reports, propose solutions to address issues raised by the community, and recommend them to competent authorities for consideration and decision.

3. Notify the community and relevant agencies about the decisions made by competent authorities regarding issues raised by the community.

Article 16. Responsibilities of the Project Investor

1. Publicize information on investment management in accordance with the law:

a) For every investment project within the commune, the investor shall be responsible for publicizing: Investment decision; investor; project management board; progress and investment plan; land area occupied and used; detailed land use plan and architectural design scheme; compensation, land clearance, and resettlement plan; waste disposal and environmental protection plan;

b) For projects specified in point a, Clause 2, Article 3 of this Regulation, in addition to the contents stipulated in point a, Clause 1 of this Article, the investor shall be responsible for publicizing: content of the investment decision; sources of investment capital and financial conditions of investment capital sources; contractors;

c) For projects specified in point b, Clause 2, Article 3 of this Regulation, in addition to the contents stipulated in points a and b, Clause 1 of this Article, the investor shall be responsible for publicizing technical procedures, types, and material quotas; inspection results and final accounts of the works;

d) For projects specified in point c, Clause 2, Article 3 of this Regulation, in addition to the contents stipulated in point a, Clause 1 of this Article, the investor shall be responsible for publicizing business registration certificates and business licenses if applicable.

2. Respond, explain, and provide information as prescribed in Clause 1 of this Article and the law when the community requests.

3. Be liable under the law for the information provided to serve the community's investment supervision.

Article 17. Responsibilities of Contractors

1. Respond, explain, and provide information about the project within their responsibility according to the law when the community requests.

2. Be liable under the law for the information provided to serve the community's investment supervision.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 18. Rewards

1. Organizations and individuals actively participating in the community's investment supervision activities are promptly commended and rewarded by competent authorities in accordance with the law on rewards.

2. The Department of Planning and Investment shall organize the summary of the community's investment supervision work and recommend competent authorities making investment decisions to commend and reward organizations and individuals who have made positive and effective contributions to the community's investment supervision activities.

3. Competent authorities making investment decisions shall consider and decide to commend and reward organizations and individuals in the community's investment supervision activities.

||| Article 19. Violation Disposition

1. Strictly prohibit any actions exploiting the right to supervise community investments to engage in activities contrary to the law and this Regulation.

2. Organizations and individuals violating the provisions of this Regulation shall be dealt with in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 20.

The Ministry of Planning and Investment is responsible for directing, guiding, monitoring, and inspecting the implementation of this Regulation./.