Decree No. 84/2015/ND-CP on supervision and evaluation of investment

DECREE

On supervision and evaluation of investmentconcerning the classification and determination of state management authority in the field of crop production

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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 Law on Construction promulgated on June 18, 2014;

Pursuant to the Investment Law dated June 26, 12014;

1. Regarding social housing: The People's Committee of Hanoi City shall base on the urban planning, urban development area on both sides of Vo Nguyen Giap Road, urban development plan, and actual needs to allocate social housing projects within the urban development area on both sides of the road, ensuring the prescribed ratio according to the law.policies h) Circular No. 05/2020/TT-BKHĐT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing some articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Ministry of Planning and Investment detailing the selection of contractors through the National Procurement Network System.

of the Government promulgating the Decree on supervision and evaluation of investment.to a) This Decree stipulates the supervision and evaluation of investment programs and projects, overall investment supervision and evaluation, and community investment supervision for investment activities in Vietnam and overseas investments from Vietnam; costs for supervision and evaluation of investment, conditions for the capacity of organizations and individuals conducting investment project supervision and evaluation consultancy; conditions for the capacity of training institutions for investment project evaluation; authorities and responsibilities of agencies, units, organizations, and individuals related to investment supervision and evaluation activities;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

b) The supervision and evaluation of securities investment activities shall be carried out in accordance with the provisions of the Securities Law;

c) The supervision and evaluation of programs and projects using official development assistance (ODA) funds and preferential loans from foreign sponsors shall be implemented in accordance with this Decree; issues specific to the use of these sources of funding shall be handled in accordance with the laws on management and utilization of official development assistance (ODA) funds and preferential loans from foreign sponsors.

2. The subjects to which this Decree applies include agencies, units, organizations, and individuals responsible for implementing investment supervision and evaluation, and agencies, units, organizations, and individuals related to investment activities and investment supervision and evaluation.

1. "Investment supervision" refers to the activity of monitoring and inspecting investment. Investment supervision includes program and project investment supervision and overall investment supervision.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

2. "Monitoring program and project investment" refers to regular and periodic updating of information related to the implementation of programs and projects; summarizing, analyzing, and evaluating information, proposing solutions to serve decision-making at various levels of management to ensure that programs and projects are implemented according to their objectives, on schedule, with quality assurance, and within the framework of determined resources.

3. "Inspecting program and project investment" refers to periodic inspections according to plans or sudden inspections aimed at checking compliance with regulations on managing programs and projects by relevant agencies, organizations, and individuals; promptly identifying any errors or weaknesses in program and project management as prescribed by law; recommending competent authorities to handle any difficulties, arising issues, or violations of program and project management regulations; supervising the handling and compliance with measures to address identified issues.

4. "Evaluating program and project investment" refers to periodic evaluations according to plans or sudden evaluations aimed at determining the degree of achievement against specific goals and indicators compared to the investment decision or state-established evaluation standards at a certain point in time. Program and project investment evaluation includes initial evaluation, mid-term or phase evaluation, final evaluation, impact evaluation, and sudden evaluation.

5. "Initial evaluation" refers to an evaluation conducted immediately after the start of program and project investment implementation to examine the actual situation of the program and project compared to the approval stage to take appropriate measures.

6. "Mid-term or phase evaluation" refers to an evaluation conducted during the mid-term period according to the approved investment program and project implementation progress or after completing each phase (for programs and projects implemented in phases), to review the investment program and project implementation process from the start, and propose necessary adjustments.

7. "Final evaluation" refers to an evaluation conducted immediately after the completion of program and project investment implementation to review the results achieved and draw lessons learned.

8. "Impact evaluation" refers to an evaluation conducted at an appropriate time three years after the program and project are put into operation, to clarify effectiveness, sustainability, and economic and social impacts compared to the initial set goals.

9. "Sudden evaluation" refers to an evaluation conducted in cases where there are difficulties, unexpected impacts, or issues arising during the implementation of program and project investment.

10. "Community investment supervision" refers to voluntary activities of residents living in communes, wards, towns (hereinafter referred to as commune-level areas) to monitor and inspect compliance with investment management regulations by relevant agencies and units during the investment process; to identify and recommend to competent state authorities to handle investment violations (excluding national secret programs and projects as prescribed by law).

11. "Overall investment supervision" refers to the continuous monitoring and periodic inspections according to plans or sudden inspections of the investment implementation process at various levels, sectors, and localities; promptly identifying and correcting any violations or shortcomings to ensure investment according to planning, objectives, and ensuring effectiveness.

12. "Overall investment monitoring" refers to regular and periodic updates of information related to investment activities and investment management at various levels, sectors, and localities; summarizing, analyzing, and evaluating information, and proposing mechanisms and policies related to investment management.

13. "Overall investment inspection" refers to periodic inspections according to plans or sudden inspections aimed at checking compliance with investment management regulations at various levels and sectors; promptly identifying and correcting any errors or weaknesses, ensuring compliance with legal regulations on investment management; identifying and recommending competent authorities to promptly handle any difficulties, arising issues, or violations of investment management regulations; supervising the handling and compliance with measures to address identified issues.

14. "Overall investment evaluation" refers to periodic activities aimed at analyzing and evaluating the results of economic investment, sectoral, and local investment; determining the degree of achievement compared to planning in each period or phase; analyzing factors influencing investment outcomes and proposing solutions to improve investment efficiency in subsequent periods or phases.

14. "Overall investment assessment" is a periodic activity according to a plan aimed at analyzing and evaluating the investment results of the economy, sector, or locality; determining the level of achievement compared to the master plan, plan during each period or phase; analyzing the causes affecting the investment outcomes as well as proposing solutions to enhance investment efficiency in the current period or the subsequent planning phase.

15. "Component project under the public investment program" is a set of related activities aimed at achieving one or more specific objectives of the program, carried out within a defined area over a specified period of time and based on predetermined resources.

16. "Project component manager" is the agency or organization entrusted with managing the component project under the public investment program.

17. "User manager" is the agency or organization entrusted with managing the operation and maintenance of the project.

18. "Investment project using other sources of funds" is an investment project that does not use state capital.

Article 3. Subjects implementing supervision and evaluation of investment

1. The agency entrusted to prepare the Report proposing the investment policy for the program.

2. The agency entrusted to prepare the investment project.

3. Program managers, component project managers, investors, and project sponsors.

4. Agencies or individuals authorized to decide on investment policies; individuals authorized to decide on investments.

5. Project user managers.

6. Controlling agencies, State-owned enterprise representative agencies.

7. State agencies authorized to sign Public-Private Partnership project contracts.

8. Investment registration agencies and agencies issuing Investment Registration Certificates.

9. Sector-specific management agencies.

10. State agencies responsible for public investment management and State agencies responsible for investment management.

11. Community Investment Oversight Board.

Article 4. Principles of supervision and evaluation of investment

1. Correctly supervise and evaluate investment according to the prescribed objects, scope, and content.

2. Not to obstruct the work of entities subject to supervision and evaluation.

3. Must have standards, criteria, and valid documents as a basis for supervision and evaluation.

4. Information serving supervision and evaluation must be complete, timely, accurate, truthful, and transparent.

5. Must consider all issues related to the investment process comprehensively and synchronously.

6. Evaluation must be based on sufficient grounds and documents; scientific methods appropriate to the object and content of the evaluation must be used.

7. Proposed solutions and recommendations must be practical, specific, and feasible.

8. Supervision and evaluation results must be processed and positively fed back and systematically stored.

Chapter II

SUPERVISION AND EVALUATION OF INVESTMENT PROGRAMS AND PROJECTS USING STATE FUNDS

Section 1

SUPERVISION AND EVALUATION OF PUBLIC INVESTMENT PROGRAMS

Article 5. Responsibilities for supervising public investment programs

1. The agency entrusted to prepare the Report proposing the investment policy for the program shall organize its own follow-up and inspection of the preparation of the Report proposing the investment policy for the program.

2. Program managers and component project managers shall implement follow-up and inspection of the public investment program's investment process according to approved contents and indicators to ensure investment goals and effectiveness.

3. Controlling agencies and individuals authorized to decide on investment programs shall implement follow-up and inspection of programs within their management scope. Inspection shall be conducted as follows:

a) Inspect at least once for programs with an investment implementation period exceeding 12 months.

b) Inspect when adjusting the program changes location, objectives, scale, or increases total investment amount.

4. State agencies responsible for public investment shall implement follow-up and inspection of programs within their management scope.

5. Agencies or individuals authorized to decide on investment policies for programs shall implement follow-up and inspection of the investment process according to the approved contents in the decision document on the investment policy for the program.

6. Agencies or individuals authorized to decide on investment policies, State agencies responsible for public investment, controlling agencies, and individuals authorized to decide on investment programs shall organize inspections of programs according to plans or unexpectedly.

Article 6. Content of supervision by the agency assigned to prepare the Report on Proposing Investment Orientation for Programs

1. The agency assigned to prepare the Report on Proposing Investment Orientation for Programs shall organize the implementation of monitoring and inspection throughout the entire process of preparing the Report on Proposing Investment Orientation for Programs and report on the following contents:

a) The preparation of the Report on Proposing Investment Orientation for Programs;

b) The situation of implementing the examination and approval of investment orientation for programs;

c) Difficulties, obstacles, and issues arising during the preparation of the Report on Proposing Investment Orientation for Programs and their handling within the scope of authority;

d) Proposals for solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

2. The program proponent shall organize the implementation of monitoring and inspection throughout the entire process of preparing the Feasibility Study Report for Programs and report on the following contents:

a) The preparation of the Feasibility Study Report for Programs;

b) The situation of submitting for examination and approval of programs;

c) Difficulties, obstacles, and issues arising during the preparation of the Feasibility Study Report for Programs and their handling within the scope of authority;

d) Proposals for solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

3. The program proponent shall organize the implementation of monitoring and inspection throughout the entire process of implementing the program and report on the following contents:

a) Program implementation management: Preparation of overall plans and detailed plans for implementing the program; implementation and adjustment of plans for implementing the program;

b) The preparation, examination, and decision-making on investment for component projects under the program;

c) The situation of implementing the program: Progress towards achieving the program's objectives; consolidation of the situation of implementing component projects under the program; value of work accomplished;

d) The situation of implementing the investment capital plan: Mobilization of funds for the program; disbursement; arrears in construction investment (if any);

đ) Organizational capacity for implementing component projects under the program and compliance with regulations on investment management by the project proponent;

e) Reporting and proposing solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

Article 7. Content of supervision by the managing agency and the authority with the power to decide on program investment

1. Monitoring content:

a) The situation of implementing reporting requirements by the program proponent and component project proponents under the program as prescribed;

b) Consolidation of the situation of preparing and examining the Report on Proposing Investment Orientation for Programs;

c) Consolidation of the situation of preparing, examining, deciding on investment for programs, and decisions to adjust programs (if any);

d) Consolidation of the situation of preparing, examining, deciding on investment for component projects under the program and decisions to adjust component projects under the program (if any);

đ) Consolidation of the situation of implementing the program: Progress towards achieving the program's objectives; implementation of the investment capital plan, disbursement; major difficulties, obstacles, and issues affecting the implementation of the program and the results of their resolution;

e) Compliance with measures taken by the program proponent and component project proponents;

g) Reporting and proposing solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

2. Content of Inspection:

a) Compliance with regulations on preparing the Report on Proposing Investment Orientation for Programs;

b) Compliance with regulations on preparing and examining the Feasibility Study Report for Programs;

c) Compliance with regulations on preparing, examining, deciding on investment for component projects under the program and decisions to adjust component projects under the program (if any);

d) Management of program implementation by the program proponent and management of component project implementation by the component project proponent;

đ) Compliance with measures to address issues discovered by relevant agencies and units.

Article 8. Content of supervision of the project component sponsor

1. Monitoring content:

a) The situation regarding the establishment and submission for review and approval of the project component under the program;

b) Summary of the implementation of the project component under the program: Establishment, review, approval of the investment project; implementation of the investment project; implementation of the investment capital plan, disbursement; difficulties, obstacles, arising issues and their resolution;

c) Report and propose solutions to handle difficulties, obstacles, and issues exceeding authority.

2. Content of Inspection:

a) Inspection of contents related to the organization of implementation and management of the project component under the program;

b) Compliance with regulations on investment management and the management capacity of the investor;

c) Compliance with measures to address discovered issues by the investor.

Article 9. Content of supervision by the state agency managing public investment

1. Monitoring content:

a) The situation regarding the implementation of reporting systems by the program sponsor and the project component sponsor as prescribed;

b) Summary of the implementation of the establishment, review, and approval of the investment policy of the program; establishment, review, and decision-making on investment of the program;

c) Summary of the implementation of the establishment, review, and approval of the project component under the program;

d) Summary of the implementation of the program: Progress in achieving the program's objectives; implementation of the investment capital plan, disbursement; difficulties, obstacles, arising issues affecting the implementation of the program and their resolution;

e) Compliance with measures to address issues by the program sponsor and the project component sponsor;

e) Reporting and proposing solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

2. Content of Inspection:

a) Compliance with regulations on the establishment, review, and decision-making on the investment policy of the program;

b) Compliance with regulations on the establishment, review, and decision-making on investment of the program and project components under the program, and decisions to adjust the program and project components under the program (if applicable);

c) Management and implementation of the program by the supervising agency, program sponsor, and project component sponsor;

d) Handling and compliance with measures to address discovered issues by relevant agencies and units.

Article 10. Supervision of investment projects under the public investment program

Supervision of investment projects under the public investment program shall be carried out in accordance with the provisions of Section 2 and 3 of this Chapter and Chapters III, IV, and V of this Decree.

Article 11. Evaluation of the Public Investment Program

1. Evaluation of the public investment program shall be conducted as follows:

a) The public investment program must conduct initial evaluation, mid-term or phase evaluation, final evaluation, and impact assessment;

b) The supervising agency and the authorized investment decision-maker shall decide on ad hoc evaluation of the program when necessary.

2. Responsibilities for organizing the evaluation of the public investment program:

a) The program sponsor is responsible for organizing initial evaluation, mid-term or phase evaluation, and final evaluation;

b) The authorized investment decision-maker is responsible for organizing ad hoc evaluation and impact assessment;

c) The state agency managing public investment and the supervising agency organize various types of evaluations according to plans and ad hoc evaluations within their jurisdiction.

3. Contents of the program evaluation shall be implemented in accordance with Article 81 of the Public Investment Law.

Section 2

SUPERVISION AND EVALUATION OF PUBLIC INVESTMENT PROJECTS

Article 12. Responsibility for supervising public investment projects

1. The agency assigned to prepare the investment project shall organize monitoring and inspection of the entire process of preparing the investment project.

2. The investor shall organize monitoring and inspection of the entire investment project process according to the approved content and indicators to ensure the investment objectives and effectiveness.

3. The managing authority and the authorized investment decision-making body shall carry out monitoring and inspection of the projects within their management scope. Inspection shall be conducted as follows:

a) Inspect at least once for projects with an implementation period exceeding twelve months;

b) Inspect when adjusting the project changes its location, objectives, scale, or increases the total investment amount.

4. State management agencies for public investment and specialized state management agencies shall carry out monitoring and inspection of projects within their management scope.

5. The agency or person authorized to decide on the investment policy of the project shall monitor and inspect the project implementation process according to the contents approved in the investment policy decision document.

6. The agency or person authorized to decide on the investment policy, the state management agency for public investment, specialized state management agencies, the managing authority, and the authorized investment decision-making body shall decide to organize inspections of the project according to plans or unexpectedly.

Article 13. Content of supervision by the agency assigned to prepare the investment project

1. The agency assigned to prepare the Preliminary Feasibility Study Report or the Investment Policy Proposal Report shall organize monitoring and inspection of the entire process of preparing the Preliminary Feasibility Study Report or the Investment Policy Proposal Report and report on the following content:

a) Preparation of the Preliminary Feasibility Study Report or the Investment Policy Proposal Report;

b) Situation of submission for review and decision on the investment policy;

c) Difficulties, obstacles, and issues arising during the preparation of the Preliminary Feasibility Study Report or the Investment Policy Proposal Report and their handling according to authority;

d) Proposals for solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

2. The agency assigned to prepare the Detailed Feasibility Study Report shall organize monitoring and inspection of the entire process of preparing the Detailed Feasibility Study Report and report on the following content:

a) Preparation of the Detailed Feasibility Study Report;

b) Situation of submission for review and decision on investment;

c) Difficulties, obstacles, and issues arising during the preparation of the Detailed Feasibility Study Report and their handling according to authority;

d) Proposals for solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

Article 14. Content of supervision by the investor and user

1. The investor shall organize monitoring and inspection of the entire project implementation process and report on the following content:

a) Project implementation management: Preparation of overall and detailed implementation plans; situation of implementation and adjustment of plans;

b) Project investment implementation situation: Implementation progress; volume and value of work completed; quality of work; changes during the implementation process;

c) Implementation of the investment capital plan: Mobilization of funds for the project; disbursement (advance payment, recovery of advance payment, settlement); final account of completed project funds; outstanding construction debts (if any) and their handling;

d) Organizational capacity for project implementation and compliance with investment management regulations by the project management board and contractors;

đ) Difficulties, obstacles, and issues arising during the implementation process and their handling according to authority;

e) Proposals for handling difficulties, obstacles, and issues beyond authority;

2. The user shall organize monitoring and inspection of the entire project operation process and report on the following content:

a) Management, exploitation, and operation of the project;

b) Difficulties, obstacles, and issues arising during the exploitation and operation process and their handling according to authority;

c) Proposals for handling difficulties, obstacles, and issues beyond authority.

Article 15. Content of supervision by the authority with investment decision-making power

1. Monitoring content:

a) The situation regarding the implementation of reporting regulations by the agency assigned to prepare the investment project, the investor, and the user.

b) Summary of the situation regarding the implementation of project preparation and review.

c) Summary of the implementation of the project: Progress; implementation of the investment capital plan; disbursement and final settlement of completed project funds; outstanding construction debts (if any) and their handling; difficulties, obstacles, and issues arising that affect the implementation of the project and their resolution results.

d) Summary of the organization of project operation and exploitation; difficulties, obstacles, and issues arising that affect the operation and exploitation process and their resolution results.

đ) Compliance with the measures for handling by the investor and the user.

e) Report and proposal for solutions to handle difficulties, obstacles, and issues exceeding authority as prescribed.

2. Content of Inspection:

a) Compliance with regulations on: Investment supervision and evaluation; preparation and review of investment policy decisions; preparation, review, and decision on investment projects; bidding; compensation and land clearance, resettlement; use of investment capital and other resources of the project; allocation, disbursement, payment, and final settlement of investment capital; resolution of difficulties and issues during the implementation process; acceptance and commissioning of the project into operation; management and operation of the project; environmental protection.

b) Management and implementation of the project by the investor and the project management board.

c) PROJECT IMPLEMENTATION SCHEDULE;

d) Management, exploitation, and operation of the project by the user.

đ) Compliance with handling measures for discovered issues by the agency assigned to prepare the investment, the investor, the project management board, and the user.

Article 16. Content of supervision by the supervising agency and state agencies managing public investment

1. Monitoring content:

a) The situation regarding the implementation of reporting regulations by the agency assigned to prepare the investment, the investor, the authority with investment decision-making power, and the user as prescribed.

b) Summary of the situation regarding the implementation of project preparation and submission for review and decision on investment policy.

c) Summary of the implementation of project preparation, review, and decision on investment and adjustment decisions (if any).

d) Summary of the implementation of the project: Progress, implementation of the investment capital plan, disbursement; difficulties, obstacles, and issues arising that affect the implementation of the project and their resolution results.

đ) Summary of the organization of project operation and exploitation; difficulties, obstacles, and issues arising that affect the operation and exploitation process and their resolution results.

e) Compliance with handling measures by the agency assigned to prepare the investment, the investor, the authority with investment decision-making power, and the user.

g) Reporting and proposing solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

2. Content of Inspection:

a) Compliance with regulations on: Investment supervision and evaluation; preparation and review of investment policy decisions; preparation, review, and decision on investment projects and adjustment decisions (if any); bidding; compensation and land clearance, resettlement; use of investment capital and other resources of the project; allocation, disbursement, payment, and final settlement of investment capital; resolution of difficulties and issues during the implementation process; acceptance and commissioning of the project into operation; management and operation of the project; environmental protection.

b) Management and implementation of the project by the authority with investment decision-making power, the investor, and the project management board.

c) PROJECT IMPLEMENTATION SCHEDULE;

d) Management, exploitation, and operation of the project by the user.

đ) Compliance with handling measures for discovered issues by the agency assigned to prepare the investment, the authority with investment decision-making power, the investor, the project management board, and the user.

Article 17. Content of supervision by specialized state management agencies

Based on their functions, tasks, and the fields of state administration assigned to them, specialized state management agencies shall implement supervision of public investment projects in accordance with the provisions of specialized laws.

Article 18. Evaluation of Public Investment Projects

1. The evaluation of projects shall be carried out as follows:

a) National key projects and Group A projects must conduct initial assessment, mid-term assessment, final assessment, and impact assessment;

b) Group B and Group C projects must conduct final assessment and impact assessment;

c) In addition to the provisions stipulated in Point a and Point b of this Clause, the authority responsible for investment decisions and the state management agency for public investment may decide to conduct other assessments as provided in Clause 4, Article 2 of this Decree when necessary.

2. Responsibilities for organizing project evaluations:

a) The investor is responsible for organizing initial assessment, mid-term assessment, and final assessment;

b) The authority responsible for investment decisions is responsible for organizing ad hoc assessment and impact assessment.

The authority responsible for investment decisions may entrust the user or a specialized agency under its jurisdiction to organize impact assessment of projects decided by itself.

c) The state management agency for public investment organizes various types of planned assessments and ad hoc assessments of projects within its scope of management.

3. The content of the evaluation of public investment projects shall be implemented in accordance with the provisions of Article 81 of the Law on Public Investment.

Section 3

SUPERVISION AND EVALUATION OF PROJECTS FUNDED BY GOVERNMENT-GUARANTEED LOANS, LOANS SECURED BY STATE ASSETS, LAND USE VALUES, FUNDS FROM THE ENTERPRISE DEVELOPMENT FUND, AND STATE ENTERPRISE INVESTMENT CAPITAL

Article 19. Responsibilities for Project Supervision

1. The investor shall independently organize monitoring and inspection of the investment process of the project according to the contents and indicators approved in the investment decision.

2. The authority responsible for investment decisions shall monitor and inspect projects within its jurisdiction. Inspection shall be conducted as follows:

a) Inspect at least once for investment projects with implementation periods exceeding 12 months;

b) Inspect when adjusting the project to change location, objectives, scale, or increase total investment amount.

3. State-owned enterprise representative bodies, authorities deciding on the use of state capital for investment, state management agencies for investment, and specialized state management agencies shall monitor and inspect projects within their scope of management.

4. Authorities or persons authorized to decide on investment policies, state management agencies for investment, specialized state management agencies, state-owned enterprise representative bodies, and authorities deciding on the use of state capital for investment shall decide to organize planned or ad hoc inspections of projects based on the contents approved in the decision or policy on investment.

5. Authorities or persons authorized to decide on investment policies, state management agencies for investment, specialized state management agencies, state-owned enterprise representative bodies, and authorities deciding on the use of state capital for investment shall decide to organize planned or ad hoc inspections of projects.

Article 20. Content of Investor's Supervision

The investor shall carry out supervision of investment projects in accordance with the contents prescribed in Articles 13 and 14 of this Decree.

Article 21. Content of supervision by the authority deciding to invest

The authority deciding to invest shall carry out supervision of the investment project according to the contents prescribed in Article 15 of this Decree.

Article 22. Content of supervision by state agencies representing state ownership rights and the authority deciding on the use of state capital for investment

1. State agencies representing state ownership rights shall carry out supervision of the investment project according to the contents prescribed in Article 16 of this Decree.

2. The authority deciding on the use of state capital for investment shall synthesize the implementation situation of the project and inspect compliance with regulations on the use of state capital for the project by the investor.

Article 23. Content of supervision of investment by state management agencies on investment

1. Monitoring content:

a) Implement the contents as prescribed in Clause 1, Article 16 of this Decree;

b) Synthesize the situation of using state capital to implement the project.

2. Content of inspection of investment projects carried out according to the provisions of Clause 2, Article 16 of this Decree.

Article 24. Content of supervision by specialized state management agencies

Based on their functions, tasks, and areas of state management assigned, specialized state management agencies shall follow up and inspect investment projects according to the laws of their respective fields.

Article 25. Evaluation of Projects

1. The evaluation of projects shall be carried out as follows:

a) National key projects and Group A projects must conduct initial assessment, mid-term assessment, final assessment, and impact assessment;

b) Group B projects must conduct final evaluation and impact assessment;

c) In addition to the provisions at Point a and Point b of this Clause, the authority deciding to invest, state agencies representing state ownership rights, and state management agencies on public investment may decide to conduct other evaluations as prescribed in Clause 4, Article 2 of this Decree when necessary.

2. Responsibilities for organizing project evaluations:

a) The investor is responsible for organizing initial assessment, mid-term assessment, and final assessment;

b) The authorized investment decision-maker is responsible for organizing ad hoc evaluation and impact assessment;

c) State management agencies on public investment and state agencies representing ownership organize the implementation of various types of planned and ad hoc evaluations of projects within their jurisdiction.

3. Content of project evaluation carried out according to the provisions of Article 81 of the Public Investment Law.

Chapter III

SUPERVISION AND EVALUATION OF INVESTMENT PROJECTS UNDER PUBLIC-PRIVATE PARTNERSHIP FORM

Article 26. Responsibility for Supervision of Projects

1. The agency assigned to prepare the investment project shall organize monitoring and inspection of the entire process of preparing the investment project.

2. The competent state agency signing the project contract and the investor shall organize monitoring and inspection of the investment process according to the approved content and project contract.

3. The authority deciding to invest shall monitor and inspect projects within its jurisdiction. The inspection shall be conducted as follows:

a) Inspect at least once for projects with an implementation period exceeding twelve months;

b) Inspection when adjusting the project changes location, objectives, scale, or increases total investment capital.

4. Agencies issuing Investment Registration Certificates, state management agencies on public investment, and specialized state management agencies shall monitor and inspect projects within their jurisdiction.

5. The agency or person authorized to decide on the investment policy of the project shall monitor and inspect the project implementation process according to the contents approved in the investment policy decision document.

6. Agencies or persons authorized to decide on investment policies, state management agencies on public investment, agencies issuing Investment Registration Certificates, specialized state management agencies, and the authority deciding to invest shall decide to organize planned or ad hoc inspections of projects.

Article 27. Content of supervision by agencies entrusted to prepare investment projects

1. Agencies entrusted to prepare Project Proposal Reports shall organize monitoring and inspection of the entire process of preparing Project Proposal Reports and report on the following contents:

a) Preparation of Project Proposal Reports;

b) Situation of submitting for review and approval of project proposals;

c) Difficulties, obstacles, and issues arising during the preparation of Project Proposal Reports and their handling according to authority;

d) Proposals for solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

2. Agencies entrusted to prepare Feasibility Study Reports shall organize monitoring and inspection of the entire process of preparing Feasibility Study Reports and report on the following contents:

a) Preparation of the Detailed Feasibility Study Report;

b) Situation of submitting for review and approval of Feasibility Study Reports;

c) Difficulties, obstacles, and issues arising during the preparation of Feasibility Study Reports and their handling according to authority;

d) Proposals for solutions to handle difficulties, obstacles, and issues exceeding the scope of authority.

Article 28. Content of supervision by investors and state agencies authorized to conclude project contracts

1. Investors shall organize monitoring, inspection, and reporting on the implementation of project contracts.

2. State agencies authorized to conclude project contracts shall organize monitoring, inspection, and reporting on the following contents:

a) The selection of investors; negotiation, conclusion of project contracts, and registration of investment.

b) The situation regarding the implementation of project contracts.

c) Other contents as prescribed in Article 14 of this Decree.

Article 29. Content of supervision by the authority deciding on investment

1. Monitoring and inspecting the selection of investors, conclusion of project contracts, and registration of investment.

2. Monitoring and inspecting the situation regarding the implementation of project contracts.

3. Implementing other contents as prescribed in Article 15 of this Decree.

Article 30. Content of supervision by the agency issuing Investment Registration Certificates and the state management agency for investment

1. The agency issuing Investment Registration Certificates

a) Summarizing the situation regarding the implementation of provisions stipulated in the Investment Registration Certificate.

b) Inspecting compliance with investment management regulations by parties concluding project contracts in the implementation of project contracts.

2. The state management agency for investment

a) Monitoring and inspecting the publication of project lists.

b) Summarizing the situation regarding the selection of investors, negotiation, conclusion of contracts, and procedures for issuing Investment Registration Certificates.

c) Summarizing the situation regarding the implementation of project contracts.

d) Inspecting compliance with regulations on issuing Investment Registration Certificates.

e) Inspecting compliance with investment management regulations by parties concluding project contracts in the implementation of project contracts.

Article 31. Content of supervision by specialized state management agencies

Based on their functions, tasks, and areas of state management assigned, specialized state management agencies shall implement monitoring and inspection of public-private partnership investment projects in accordance with specialized laws.

Article 32. Evaluation of public-private partnership investment projects

1. The evaluation of projects shall be carried out as follows:

a) National key projects and Group A projects must conduct initial assessment, mid-term assessment, final assessment, and impact assessment;

b) Group B projects must conduct final evaluation and impact assessment;

c) In addition to the provisions at Points a and b of this Clause, the authority deciding on investment, the agency issuing Investment Registration Certificates, and the state management agency for public investment may decide to conduct other evaluations as prescribed in Clause 4, Article 2 of this Decree when necessary.

2. Responsibilities for organizing project evaluations:

a) The state agency authorized to conclude project contracts shall be responsible for organizing initial evaluation, mid-term evaluation, and final evaluation.

b) The authorized investment decision-maker is responsible for organizing ad hoc evaluation and impact assessment;

c) The state management agency for public investment organizes various types of planned assessments and ad hoc assessments of projects within its scope of management.

3. The content of evaluation of public-private partnership investment projects shall be implemented in accordance with Article 81 of the Law on Public Investment.

Chapter IV

MONITORING AND EVALUATION OF INVESTMENT PROJECTS USING OTHER SOURCES OF FUNDS

Article 33. Responsibility for supervising projects

1. Investors and economic organizations shall organize monitoring and inspection of projects.

2. The investment registration agency shall carry out monitoring and inspection of projects within its scope of management. Such inspections shall be conducted at least once for each project.

3. The state management agency for investment and specialized state management agencies shall carry out monitoring and inspection of projects within their respective scopes of management.

4. The agency or person authorized to decide on the investment policy of the project shall monitor and inspect the implementation process of the project according to the content approved in the decision on the investment policy.

5. The agency or person authorized to decide on the investment policy, the state management agency for investment, specialized state management agencies, and the investment registration agency shall decide to organize inspections of projects according to plans or at random.

Article 34. Content of Investor Supervision

The investor and economic organization shall organize to implement monitoring and inspection of the project and report on the following contents:

1. Implementation of procedures for requesting investment policy decisions, issuance of Investment Registration Certificate, and issuance of Business Registration Certificate (if applicable).

2. Progress in implementing the project and progress in achieving the project's objectives.

3. Progress in capital contribution, registered capital, and statutory capital contribution (for industries and business sectors requiring statutory capital).

4. Operation status of the project: Results of investment and business activities, labor information, state budget payment, investment in research and development, financial situation of the enterprise, and specialized indicators according to the field of operation.

5. Implementation of environmental protection requirements, land use, and mineral resource utilization as prescribed.

6. Implementation of provisions stipulated in the decision document on investment policy and Investment Registration Certificate (if applicable).

7. Compliance with conditions for investment and business operations for projects in industries and business sectors subject to conditions.

8. Implementation of investment incentives (if applicable).

Article 35. Content of Supervision by the Investment Registration Authority

1. Monitoring content:

a) Situation regarding the implementation of reporting systems by investors;

b) Summary of project implementation situations;

c) Summary of project exploitation and operation situations;

d) Summary of compliance with environmental protection requirements, land use, and mineral resource utilization of the project;

đ) Handling and compliance with measures imposed by investors and economic organizations;

e) Reporting and proposing solutions to difficulties, obstacles, and issues exceeding authority.

2. Content of Inspection:

a) Implementation of provisions stipulated in the decision document on investment policy and Investment Registration Certificate (if applicable);

b) Project progress, including investment capital progress, including loan capital, and progress in achieving project objectives;

c) Compliance with investment conditions, preferential conditions, support for investment, and fulfillment of investor commitments (if applicable);

d) Compliance with regulations on supervision, evaluation of investment, and statistical reporting systems;

đ) Compliance with measures to address identified issues.

Article 36. Content of Supervision by State Management Agencies on Investment

1. Monitoring content:

a) Situation regarding the implementation of reporting systems by the investment registration authority;

b) Compliance with measures imposed by the investment registration authority;

c) Contents stipulated in Clause 1 of Article 35 of this Decree;

2. Content of Inspection:

a) Consistency of the investment project with economic and social development plans;

b) Issuance, adjustment, and revocation of Investment Registration Certificates by the investment registration authority in accordance with laws;

c) Preferential provisions for investment projects;

d) Post-investment registration supervision, evaluation, and support;

đ) Fulfillment of functions as the central agency for compiling reports on the implementation of investment projects as prescribed;

e) Contents stipulated in Clause 2 of Article 35 of this Decree.

Article 37. Content of Supervision by Sectoral State Management Agencies

1. Monitoring content:

a) Situation regarding the implementation of reporting systems by investors as prescribed by sectoral laws;

b) Compliance with measures imposed by investors;

c) Reporting and proposing solutions to difficulties, obstacles, and issues exceeding authority.

2. Content of Inspection:

a) Consistency of the investment project with industry development plans and land use plans;

b) Compliance with environmental protection, land use, and mineral resource utilization regulations (if applicable);

c) Compensation, clearance, and land recovery;

d) Application and compliance with sectoral laws for the project.

Article 38. Evaluation of investment projects using other sources of capital

1. Responsibilities for organizing the evaluation of projects:

a) The investor and economic organizations implementing projects subject to investment policy decisions must conduct final evaluations.

b) Investment registration agencies and state management bodies on investment shall organize ad hoc evaluations and impact assessments when necessary.

2. Content of final evaluation:

a) Assessment of project outcomes against objectives, mobilized resources, progress, and benefits;

b) Recommendations and suggestions.

3. Content of impact assessment:

a) Current status of project operation;

b) Economic and social impacts of the project;

c) Recommendations and suggestions.

4. Content of ad hoc evaluation:

a) Alignment of project outcomes with investment goals;

b) Completion rate of work compared to provisions in the investment decision document and Investment Registration Certificate (if applicable);

c) Identification of unforeseen occurrences (if any) and their causes;

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

đ) Recommendations and suggestions.

Chapter V

SUPERVISION AND EVALUATION OF FOREIGN INVESTMENT PROJECTS

Article 39. Responsibilities for supervising foreign investment projects

1. Investors, those authorized to decide on investment projects, and state agencies representing state ownership shall monitor and inspect the investment process according to approved contents and indicators in the investment decision.

2. State management bodies on investment and specialized state management bodies shall monitor and inspect projects within their jurisdiction.

3. Agencies or those authorized to decide on investment policies shall monitor and inspect the project implementation according to approved contents in the investment policy decision document.

Article 40. Contents of supervision by investors

Investors shall organize monitoring and inspection of projects and report on the following contents:

1. Implementation of business investment procedures abroad.

2. Project implementation situation: Progress of the project, progress towards project objectives, mobilization and transfer of investment capital abroad, mobilization and use of state funds for overseas investment (if applicable).

3. Project exploitation and operation situation: Results of business investment activities, financial situation of economic organizations established abroad to implement the project; retention of profits for reinvestment, retention of profits for new projects, repatriation of profits; compliance with financial obligations to the Vietnamese state; labor utilization situation.

4. Compliance with contents stipulated in the Overseas Investment Registration Certificate.

5. Ensuring conditions for overseas investment in banking, securities, insurance, science, and technology sectors.

Article 41. Contents of supervision by those authorized to decide on investment and state agencies representing state ownership for projects using state funds for overseas investment

1. Monitoring content:

a) Situation regarding the implementation of reporting systems by investors;

b) Summary of project implementation situation: Progress of the project, progress towards project objectives, progress in transferring investment capital abroad; proper management, use, preservation, and development of state investment capital;

c) Summary of business investment activity results and financial situation of economic organizations established abroad to implement the project, repatriation of profits;

d) Compliance with investor's remedial measures;

đ) Reporting and proposing solutions for difficulties, issues beyond authority.

2. Content of Inspection:

a) Project progress;

b) Compliance with legal regulations on the use of state funds for overseas investment;

c) Compliance with provisions in the Overseas Investment Registration Certificate;

d) Compliance with legal regulations on: Transferring investment capital abroad, sending Vietnamese labor abroad, repatriating profits, supervising and evaluating overseas investment projects.

đ) Compliance with measures to address identified issues.

Article 42. Contents of supervision by state management agencies on investment

1. Monitoring content:

a) Situation regarding the implementation of reporting systems by investors;

b) Summarizing the implementation status of projects: Project progress, achievement of project objectives, progress in transferring foreign direct investment;

c) Summarizing the results of overseas investment activities;

d) Compliance with investor's remedial measures;

đ) Reporting and proposing solutions to difficulties, obstacles, and issues exceeding authority;

2. Content of Inspection:

a) Project progress;

b) Compliance with provisions stipulated in the decision document on investment orientation, Certificate of Registration for Overseas Investment, and other laws related to overseas investment;

c) Compliance with measures to address discovered issues;

Article 43. Contents of supervision by specialized state management agencies

Based on their functions, tasks, and assigned areas of state management, specialized state management agencies shall supervise foreign direct investment projects according to the following contents:

1. Monitoring content:

a) Monitoring the implementation status of projects within their management scope: Project progress, achievement of project objectives, progress in transferring foreign direct investment, mobilization and utilization of state capital for overseas investment (if applicable);

b) Summarizing the operation status of overseas investment activities within their management scope;

c) Ensuring conditions for overseas investment projects in banking, securities, insurance, science, and technology sectors;

d) Compliance with investor's remedial measures;

đ) Reporting and proposing solutions to difficulties, obstacles, and issues exceeding authority;

2. Content of Inspection:

a) Compliance with legal regulations regarding: Transferring foreign direct investment, using state capital for overseas investment, sending Vietnamese laborers abroad, repatriating profits, and other relevant laws on overseas investment;

b) Compliance with measures to address discovered issues;

Article 44. Evaluation of foreign direct investment projects

1. Responsibilities for organizing the evaluation of projects:

a) Investors are responsible for organizing final evaluations;

b) State-owned enterprise representative bodies, authorized investment decision-makers, specialized state management agencies, and state management agencies on investment shall organize ad hoc and impact assessments when necessary;

2. Content of final evaluation:

a) Evaluating project outcomes against the provisions of the Certificate of Registration for Overseas Investment: Achievement of project objectives, resources mobilized, project progress, economic efficiency of the project;

b) Recommendations and suggestions.

3. Content of impact assessment:

a) Current exploitation, operation, and investment effectiveness of the project: Business investment activity results, financial situation of economic organizations established abroad to implement the project, project profitability, profit repatriation, fulfillment of financial obligations to the Vietnamese state, use of Vietnamese labor;

b) Recommendations and suggestions.

4. Content of ad hoc evaluation:

a) Alignment of project outcomes with investment goals;

b) Degree of completion of work volume as specified in the Certificate of Registration for Overseas Investment;

c) Identifying unforeseen occurrences (if any) and their causes;

d) Impact of unforeseen occurrences on project implementation and the ability to achieve project objectives;

đ) Recommendations and suggestions.

Chapter VI

OVERALL SUPERVISION AND EVALUATION OF INVESTMENT

Article 45. Responsibilities for overall supervision and evaluation of investment

1. The state management agency on investment shall conduct monitoring, inspection, and overall evaluation of investment within its management scope.

2. Specialized state management agencies shall conduct monitoring, inspection, and overall evaluation of investment within their respective industries and fields of management.

3. The investment registration agency shall conduct monitoring, inspection, and overall evaluation of investment within its management scope.

4. Enterprises where the state holds more than 50% of the charter capital shall conduct monitoring, inspection, and overall evaluation of investment within their enterprises.

Article 46. Contents of overall investment monitoring

1. Issuing guiding documents for policies and laws related to investment within the scope of authority.

2. Establishing, reviewing, approving, and managing the implementation of master plans.

3. Establishing, reviewing, and approving investment proposals.

4. Implementing public investment plans as stipulated in Article 77 of the Investment Law.

5. Establishing, reviewing, approving, and implementing investment projects under the Public-Private Partnership model.

6. Establishing, reviewing, approving, and implementing investment projects using credit capital guaranteed by the Government, loans secured by state assets, land use rights value, funds from the development activity fund, and state-owned enterprise development capital.

7. Managing investment projects using other sources of capital:

a) Attracting investment, making decisions on investment proposals, issuing certificates of investment registration, and managing the implementation of foreign investors' and economic organizations with foreign investment capital's investment projects;

b) Implementing procedures for deciding on investment proposals and managing the implementation of investment projects using domestic private capital.

8. Organizing the implementation of investment supervision and evaluation work.

Article 47. Contents of overall investment inspection

1. Implementation of provisions in guiding documents for policies and laws related to investment.

2. Progress in implementation and compliance with regulations in establishing, reviewing, approving, and managing the implementation of master plans.

3. Progress in implementation and compliance with regulations in establishing, reviewing, and approving investment proposals.

4. Implementing public investment plans as stipulated in Article 77 of the Investment Law.

5. Progress in implementation and compliance with regulations in establishing, reviewing, approving, and implementing investment projects under the Public-Private Partnership model.

6. Progress in implementation and compliance with regulations in establishing, reviewing, approving, and implementing investment projects using credit capital guaranteed by the Government, loans secured by state assets, land use rights value, funds from the development activity fund, and state-owned enterprise development capital.

7. Progress in implementation and compliance with regulations in managing investment projects using other sources of capital.

8. Organizing the implementation of investment supervision and evaluation work.

Article 48. Contents of overall investment assessment

1. Summarizing, analyzing, and evaluating the situation and results of investment in the economy according to indicators on scale, speed, structure, progress, and effectiveness of investment.

2. Evaluating the level of achievement compared to approved master plans, tasks, or plans, or compared to the level achieved in the previous period; assessing the feasibility of approved master plans and plans.

3. Assessing overall public investment plans as stipulated in Article 78 of the Investment Law.

4. Assessing the overall situation of investment management.

5. Identifying factors and causes affecting the situation and results of investment; proposing solutions to improve investment efficiency in the current period or the next planning phase.

Chapter VII

COMMUNITY INVESTMENT SUPERVISION

Article 49. Community Investment Supervision Rights

1. Citizens have the right to supervise investment projects through the Community Investment Supervisory Board; the procedures, processes, and methods of community investment supervision are carried out in accordance with Article 83 of the Investment Law and this Decree.

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

a) Requesting competent state management agencies to provide information on socio-economic development master plans, industry development master plans, land use plans, infrastructure development master plans, detailed urban area construction plans, residential areas, industrial zones, and relevant investment plans at the commune level as prescribed by law;

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

c) Requesting the program manager and investor to answer and provide information for investment supervision: investment decision; information about the investor, project management board, contact address; progress and investment plan; land area occupied and used; detailed land use plan and architectural design scheme; compensation, clearance, and resettlement plan; waste disposal and environmental protection plan.

For programs and projects funded by community resources, commune budget, or directly sponsored by organizations and individuals for the commune, in addition to the above contents, the program manager and investor are responsible for providing information on technical procedures, standards, types, and material quotas; acceptance and settlement results of works;

d) Competent state management agencies, program managers, and investors are responsible for providing materials at Points a, b, and c of this Clause to the Community Investment Supervisory Board.

3. Proposing competent authorities to suspend investment implementation and project operation in the following cases:

a) Discovering signs of law violations during project implementation that seriously affect production, security, culture-society, and living environment of the community;

b) The investor does not publicly disclose information about the program and project as required by law.

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

5. The Ministry of Planning and Investment shall provide specific guidance on conditions, procedures, and compensation (if any) when suspending or stopping investment project implementation to be uniformly applied nationwide.

Article 50. Content of Community Investment Oversight

1. The content of community investment oversight for public investment programs and projects, public-private partnership projects; projects using credit funds guaranteed by the Government, loans secured by state assets, land use rights value, funds from development activity support funds, state-owned enterprise development investment capital.

a) Monitoring and checking the compliance of investment policy decisions and investment decisions with socio-economic development plans, land use plans, related plans, and local investment plans according to the law;

b) Monitoring and checking the implementation by the investor of regulations on: Land boundaries and land use; detailed land planning, architectural schemes, construction; waste treatment, environmental protection; compensation, clearance, and resettlement plans; progress and investment plans;

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

d) Identifying actions causing wastage and loss of capital and assets of the project;

đ) Ensuring transparency and openness in the investment process.

2. The content of community investment oversight for projects funded from other sources shall be carried out according to Points a, b, c, đ Clause 1 of this Article.

3. The content of community investment oversight for investment programs and projects funded by community capital and labor, projects using village-level budget or directly sponsored by organizations and individuals for the village.

a) Implementing the contents prescribed in Clause 1 of this Article;

b) Monitoring and checking compliance with technical procedures, standards, quotas, and types of materials as prescribed; monitoring and checking the results of acceptance and settlement of works.

Article 51. Organization of Community Investment Oversight

1. People's Committee of the Vietnam Fatherland Front at the commune level:

a) Taking the lead in establishing an Investment Oversight Board for each program and project. The board must have at least five members, including representatives of the People's Committee of the Vietnam Fatherland Front at the commune level, People's Inspectorate, and community representatives;

b) Drafting an investment oversight plan for programs and projects within its jurisdiction and notifying the program sponsors, investors, and project management boards about the plan and composition of the Investment Oversight Board at least 45 days before implementation;

c) Guiding the Investment Oversight Board to develop an oversight program and plan in accordance with the law and this Decree; supporting the Investment Oversight Board in communication, drafting, and submitting community investment oversight reports;

d) Encouraging and guiding the community to actively exercise their right to oversee investments as stipulated in this Decree;

đ) Confirming documents reflecting and proposing issues by the Investment Oversight Board before sending them to competent authorities.

2. The Chairman of the Commune People's Committee shall arrange working locations based on commune conditions for the Investment Oversight Board to hold meetings and store documents for community investment oversight; facilitating the use of the People's Committee's communication means for community investment oversight.

3. The Investment Oversight Board:

a) Organizing the implementation of community investment oversight according to the established program and plan; receiving information reported by citizens to submit to competent management agencies as prescribed in this Decree; receiving and informing citizens of the responses from competent management agencies regarding their proposals;

b) Regularly or urgently reporting to the People's Committee of the Vietnam Fatherland Front at the commune level on the results of community investment oversight.

Chapter VIII

COSTS FOR IMPLEMENTING OVERSIGHT AND EVALUATION OF INVESTMENTS

Article 52. Costs and Sources of Funds for Supervision and Evaluation of Investment

1. Costs for supervision and evaluation of investment include all necessary expenses for agencies, organizations, and individuals to carry out supervision and evaluation of investment as prescribed in this Decree.

2. Sources of funds for supervision and evaluation of investment:

a) Expenses for supervision and evaluation of investment carried out by state management agencies shall be funded from the operating budget, regular budget for supervision and evaluation of investment according to the annual plan of the agency or unit performing such tasks.

b) Expenses for supervision and evaluation of investment prepared by agencies assigned to prepare investment programs or projects shall be included in the preparation costs of such programs or projects.

c) Expenses for supervision and evaluation of investment conducted by the program owner, project investor, enterprise investor, or competent state agency that signs a project contract to perform it themselves or hire consultants shall be 20% of the program or project management costs and shall be included in the total investment cost of the program or project.

d) Expenses for supervision and evaluation of investment by the user shall be included in the operation and exploitation costs of the project.

đ) Expenses for community investment monitoring support shall be sourced from the state budget according to the annual plan of the People's Committee of the commune-level United Front Organization, guaranteed by the commune budget.

3. Agencies, organizations, and individuals assigned the task of supervising and evaluating investment as stipulated in this Decree must ensure that the use of state budget funds or other investment sources for supervision and evaluation work is appropriate, economical, and effective in accordance with current financial management regulations of the state and provisions of this Decree.

Article 53. Contents of Costs for Supervision and Evaluation of Investment

1. Costs for Program and Project Monitoring Work

a) Costs for purchasing office supplies, materials, and equipment directly serving program and project monitoring work.

b) Costs for information and communication directly serving program and project monitoring work.

c) Costs for photocopying, typing, sending documents, and submitting reports.

d) Administrative costs for meetings and conferences.

đ) Costs for preparing periodic reports as prescribed.

e) Costs for organizing training and guidance sessions.

g) Costs for establishing, updating reports, and operating the Information System on Supervision and Evaluation of State-funded Programs and Projects and the National Information System on Investment.

2. Costs for Program and Project Inspection Work

a) Costs for purchasing office supplies, materials, and equipment directly serving program and project inspection work.

b) Costs for information and communication directly serving program and project inspection work.

c) Costs for photocopying, typing, sending documents, and submitting reports.

d) Administrative costs for meetings and conferences.

đ) Travel costs for transportation and baggage fees for carrying documents for work purposes (if applicable), allowances for lodging and rental accommodation for those on business trips.

e) Costs for preparing inspection result reports.

3. Costs for Program and Project Evaluation Work

a) Costs for purchasing office supplies, materials, and equipment directly serving program and project evaluation work.

b) Costs for information and communication directly serving program and project evaluation work.

c) Costs for photocopying, typing, sending documents, and submitting reports.

d) Administrative costs for meetings and conferences.

đ) Travel costs for transportation and baggage fees for carrying documents for work purposes (if applicable), allowances for lodging and rental accommodation for those on business trips.

e) Costs for preparing evaluation result reports for programs and projects.

g) Costs for hiring experts and consultants.

4. Costs for Comprehensive Supervision and Evaluation of Investment

a) Costs for purchasing office supplies, materials, and equipment directly serving comprehensive supervision and evaluation of investment work.

b) Costs for information and communication directly serving comprehensive supervision and evaluation of investment work.

c) Costs for photocopying, typing, sending documents, and submitting reports.

d) Administrative costs for meetings and conferences.

đ) Travel costs for transportation and baggage fees for carrying documents for work purposes (if applicable), allowances for lodging and rental accommodation for those on business trips.

e) Costs for preparing comprehensive inspection result reports.

g) Costs for preparing comprehensive supervision and evaluation result reports.

h) Costs for hiring experts and consultants.

5. Costs for Operating the Information System on Supervision and Evaluation of State-funded Programs and Projects and the National Information System on Investment.

6. Costs for Community Investment Monitoring Support

a) Costs for purchasing office supplies; information and communication services for community investment monitoring.

b) Costs for photocopying, typing, sending documents, and submitting community investment monitoring reports.

c) Administrative costs for meetings and conferences on community investment monitoring.

d) Costs for organizing training and guidance sessions on community investment monitoring.

đ) Fees for responsibility of members of the Community Investment Monitoring Board.

Article 54. Management and use of costs for investment supervision and evaluation

1. The management and use of costs for investment supervision and evaluation by the program manager of public investment projects and the project investor of public investment projects shall be carried out in accordance with the regulations on managing program and project costs.

2. The management and use of costs for investment supervision and evaluation by the authority having the power to decide on investment, the project investor using credit guaranteed by the Government, loans secured by state assets, land use rights value, funds from the development fund for operational activities, state-owned enterprise development investment funds, and state administrative agencies authorized to conclude and implement PPP contracts shall be carried out in accordance with the provisions of Clause 1 of this Article.

3. The management and use of costs for investment supervision and evaluation by investors of projects using other sources of capital: Investors shall manage and use their own supervisory and evaluation investment cost funds according to the nature of the project's investment capital management.

4. Management and use of costs for investment supervision and evaluation by state administrative agencies authorized.

a) Annually, state administrative agencies authorized to supervise and evaluate investments shall prepare plans and budgets for regular expenses for supervision and evaluation tasks. The budget for supervision and evaluation tasks shall be prepared based on the supervision and evaluation plan, expenditure items as stipulated in Article 53 of this Decree, and current standards.

b) The management of costs for investment supervision and evaluation shall be carried out in accordance with the regulations on managing and using regular expense funds of authorized agencies or the State Budget Law.

c) In cases where state administrative agencies authorized to supervise and evaluate investments hire consultants to conduct program and project evaluations, such cost management shall be similar to the management of consulting service costs. Advance payments and settlements for consultant evaluations of programs and projects shall be implemented in accordance with current regulations on managing and settling investment funds for consulting organizations and construction.

5. Management and use of costs for community investment supervision support.

a) Community investment supervision support costs at the commune level shall be balanced within the budget of the Vietnam Fatherland Front Committee at the commune level and guaranteed by the commune budget. The amount of community investment supervision support funding at the commune level shall be allocated in line with the community investment supervision activity plan decided by the Commune People's Council and ensure a minimum funding level of VND 5 million/year.

The preparation of budgets, disbursement, settlement, and final accounting of funds for the Community Investment Supervision Board shall be carried out in accordance with commune budget management regulations and other financial activities at the commune level.

b) Costs for supporting propaganda work, organizing training sessions, guidance, interim reviews, and summaries on community investment supervision at the district and provincial levels shall be balanced within the budget of the Vietnam Fatherland Front Committee at the district and provincial levels and guaranteed by the district and provincial budgets.

6. The preparation of budgets for investment supervision and evaluation costs and the management of these costs shall be carried out in accordance with current regulations.

Chapter IX

Article 55. Qualification Conditions for Individuals Engaging in Investment Project Consulting and Evaluation

Article 55. Qualification conditions for individuals engaging in investment project consulting and evaluation

1. The qualifications of individuals engaging in investment project consulting and evaluation are divided into Class 1 and Class 2.

2. Qualifications for individuals engaging in investment project consulting and evaluation at Class 2

a) Holding a bachelor's degree or higher;

b) Having participated in investment management-related work for a minimum of five years;

c) Having participated in the evaluation of investment projects, preparation of feasibility study reports, review, examination, or investment management for a minimum of five projects;

d) Having attended training courses on investment supervision and evaluation and obtained a training certificate issued by legitimate training institutions in Vietnam or abroad, or being listed in the list of lecturers for investment project evaluation as stipulated in Point c Clause 3 Article 58 of this Decree.

3. Qualifications for individuals engaging in investment project consulting and evaluation at Class 1

a) Holding a bachelor's degree or higher;

b) Meeting the criteria for investment project consulting and evaluation at Class 2 for a minimum of three years or having participated in investment management-related work for a minimum of eight years;

c) Having participated in the evaluation of investment projects, preparation of feasibility study reports, review, examination, or investment management for a minimum of two Class A projects or higher;

d) Having attended training courses on investment supervision and evaluation and obtained a training certificate issued by legitimate training institutions in Vietnam or abroad, or being listed in the list of lecturers for investment project evaluation as stipulated in Point c Clause 3 Article 58 of this Decree.

4. Scope of Operation

a) Class 2: Eligible to participate in investment project consulting and evaluation for Class B and C projects;

b) Class 1: Eligible to participate in investment project consulting and evaluation for national key projects, Class A, B, and C projects.

Article 56. Qualification Conditions for Individuals Leading Investment Project Consulting and Evaluation

1. Individuals leading investment project consulting and evaluation are divided into Class 1 and Class 2.

2. Qualifications for individuals leading investment project consulting and evaluation at Class 2

a) Meeting the conditions for individuals engaging in investment project consulting and evaluation at Class 2 as stipulated in Clause 2 Article 55 of this Decree;

b) Having led the consulting and evaluation of investment projects, preparation of feasibility study reports, review, examination, or served as the director of the project management board for a minimum of five projects.

3. Qualifications for individuals leading investment project consulting and evaluation at Class 1

a) Meeting the conditions for individuals engaging in investment project consulting and evaluation at Class 1 as stipulated in Clause 3 Article 55 of this Decree;

b) Having led the evaluation of investment projects, preparation of feasibility study reports, review, examination, or served as the director of the investment management board for a minimum of two Class A projects or higher.

4. Scope of Operation

a) Class 2: Eligible to lead investment project consulting and evaluation for Class B and C projects;

b) Class 1: Eligible to lead investment project consulting and evaluation for national key projects, Class A, B, and C projects.

Article 57. Qualification Conditions for Organizations Engaging in Investment Project Consulting and Evaluation

1. The qualifications of organizations when engaging in investment project consulting and evaluation activities are divided into Class 1 and Class 2.

2. Qualifications for organizations engaging in investment project consulting and evaluation activities at Class 2

a) Having at least five individuals who meet the qualification conditions for engaging in investment project consulting and evaluation, including at least one individual meeting the qualification conditions for leading investment project consulting and evaluation at Class 2 as stipulated in Clause 2 Article 56 of this Decree;

b) Having a registered capital of at least one billion Vietnamese dong.

3. Qualifications for organizations engaging in investment project consulting and evaluation activities at Class 1

a) Having at least five individuals who meet the qualification conditions for engaging in investment project consulting and evaluation at Class 1, including at least one individual meeting the qualification conditions for leading investment project consulting and evaluation at Class 1 as stipulated in Clause 3 Article 56 of this Decree;

b) Having a registered capital of at least one billion Vietnamese dong.

4. Scope of Activities for Organizations Engaging in Investment Project Consulting and Evaluation

a) Class 2: Eligible to engage in investment project consulting and evaluation for Class B and C projects;

b) Class 1: Eligible to engage in investment project consulting and evaluation for national key projects, Class A, B, and C projects.

Article 58. Conditions for the capacity of training institutions to evaluate investment projects

1. Training institutions to evaluate investment projects must meet the following conditions:

a) Having legal personality and appropriate functions according to the provisions of the law;

b) Having at least five lecturers who meet the requirements stipulated in Clause 3 of this Article;

c) Having teaching materials suitable with the framework program as prescribed by the Ministry of Planning and Investment;

d) Registering in the list of training institutions to evaluate investment projects managed by the Ministry of Planning and Investment.

2. Documents for registering a training institution to evaluate investment projects:

a) A certified copy of one of the following documents: Business Registration Certificate or establishment decision;

b) A declaration on the capacity of the training institution: Infrastructure, human resources of the training institution, documents related to the management training process;

c) A registration application for a training institution, a registration information provision form for a training institution to evaluate investment projects according to the model.

3. Lecturers evaluating investment projects must meet the following conditions:

a) Graduated from university or higher;

b) Having at least eight years of experience in one of the following activities: Consulting on evaluation of investment projects; drafting, reviewing, auditing investment projects; state management of investment; implementing the drafting of normative legal documents, guidance documents on drafting, reviewing, evaluating, managing investment projects;

c) Registering in the list of lecturers evaluating investment projects managed by the Ministry of Planning and Investment.

4. Documents for registering lecturers evaluating investment projects:

a) A certified copy of identity card, citizen identification card or passport;

b) A certified copy of university or postgraduate degree certificate;

c) An application for registration as a lecturer evaluating investment projects, a lecturer evaluation investment project registration information provision form according to the model.

5. The Ministry of Planning and Investment shall provide detailed regulations and specific guidance on the management of vocational training for monitoring and evaluating investment.

Chapter X

IMPLEMENTATION OF MONITORING AND EVALUATION OF INVESTMENTS

Article 59. Responsibilities of the Ministry of Planning and Investment in monitoring and evaluating investments

The Ministry of Planning and Investment is the lead agency assisting the Prime Minister in organizing the implementation of monitoring and evaluating investments and is responsible for:

1. Guiding, monitoring, and compiling reports to the Prime Minister on the work of monitoring and evaluating investments nationwide.

2. Organizing the implementation of comprehensive monitoring and evaluation of investments within the entire country.

3. Leading the monitoring and evaluation of programs and projects decided by the Prime Minister, the Government, and the National Assembly on investment policies.

4. Organizing the implementation of monitoring and evaluation of projects for projects within its decision-making authority (including delegated and authorized projects).

5. Organizing the implementation of monitoring and evaluation of projects for which the Ministry issues Investment Registration Certificates.

6. Advising the Prime Minister or relevant ministries, sectors, and localities on measures to address difficulties in investment activities of sectors, localities, or specific projects to ensure progress and effectiveness of investments.

7. Considering, providing opinions, or resolving issues within the Ministry's functions and tasks when requested by other ministries, sectors, localities, and investors.

8. Building and operating an information system to serve monitoring and evaluation of investments.

9. Performing other tasks related to monitoring and evaluating investments as required by the Government or the Prime Minister.

Article 60. Responsibilities of Ministries and Ministerial-Level Agencies in Investment Monitoring and Evaluation Work

1. Organize the implementation of overall investment monitoring and evaluation within their respective sectors and fields of management.

2. Organize the implementation of monitoring and evaluation of projects under their decision-making authority (including projects delegated to lower levels for decision-making on investment).

3. Organize the implementation of monitoring and evaluation of investment projects of enterprises in which the State holds more than 50% of the charter capital under their management.

4. Organize the implementation of monitoring and evaluation of public-private partnership investment projects where they act as the competent state agency signing contracts.

5. Organize the implementation of specialized monitoring and evaluation of compliance with business conditions for investment projects under their decision-making authority.

6. Coordinate according to plans with the Ministry of Planning and Investment to organize the implementation of monitoring and evaluation of programs and projects decided by the Prime Minister, the Government, and the National Assembly on investment policies within their respective areas of management.

7. Resolve recommendations from other ministries, sectors, localities, and project sponsors regarding issues within their functions and responsibilities.

8. Provide opinions or resolve issues within the functions and responsibilities of their ministry or sector when requested by other ministries, sectors, localities, project sponsors, and investors.

9. Report on overall investment monitoring and evaluation work within their respective sectors and fields of management and on monitoring and evaluation of projects under their decision-making authority as prescribed.

10. Timely and accurately update all relevant information reports into the information system stipulated in Clause 14, Article 68 of this Decree.

Article 61. Responsibilities of People's Committees of Provinces and Central Cities in Investment Monitoring and Evaluation Work

1. Organize the implementation of overall investment monitoring and evaluation within their local administrative jurisdiction.

2. Organize the implementation of monitoring and evaluation of projects under their decision-making authority (including projects delegated to lower levels for decision-making on investment).

3. Organize the implementation of monitoring and evaluation of investment projects of enterprises in which the State holds more than 50% of the charter capital under their management.

4. Organize the implementation of monitoring and evaluation of projects for which they issue Investment Registration Certificates.

5. Organize the implementation of monitoring and evaluation of public-private partnership investment projects where they act as the competent state agency signing Contracts.

6. Supervise the implementation according to planning and land use plans, ensuring environmental protection for projects within their provincial or city territory; promptly provide opinions or resolve issues related to land clearance and land use within their functions and responsibilities when requested by ministries, sectors, and project sponsors.

7. Recommend to the Prime Minister or relevant ministries and sectors about issues related to local investment activities and projects under their management to promptly address difficulties and ensure investment progress and effectiveness.

8. Report on overall investment monitoring and evaluation work within their administrative jurisdiction and on monitoring and evaluation of projects under their decision-making authority as prescribed.

9. Timely and accurately update all relevant information reports into the information system stipulated in Clause 14, Article 68 of this Decree.

Article 62. Responsibilities of Investment Registration Agencies in Investment Monitoring and Evaluation Work

1. Organize the implementation of overall investment monitoring and evaluation and monitoring and evaluation of investment projects within their management scope.

2. Report on overall investment monitoring and evaluation work and monitoring and evaluation of investment projects under their management as prescribed.

3. Timely and accurately update all relevant information reports into the information system stipulated in Clause 14, Article 68 of this Decree.

Article 63. Responsibilities of State-owned Enterprises with Over 50% Charter Capital in Investment Monitoring and Evaluation Work

1. Organize comprehensive monitoring and evaluation of investments within their management scope.

2. Implement monitoring and evaluation of projects that they decide to invest in or manage.

3. Report on comprehensive investment monitoring and evaluation work and project monitoring and evaluation under their authority according to prescribed regulations.

4. Fully, promptly, and accurately update information reports into the information system stipulated in Clause 14, Article 68 of this Decree.

Article 64. Responsibilities of Program Owners, Project Investors, Users, and Investors in Monitoring and Evaluating Programs and Projects

1. The owners of public investment programs, project investors, users of public investment projects, and investors of projects using government-guaranteed credit funds, state assets-backed loans, land use rights value, development funds for public services, and state-owned enterprise development capital shall be responsible for:

a) Implementing program and project monitoring and evaluation as prescribed in this Decree;

b) Establishing a project monitoring and evaluation framework before starting construction;

c) Setting up an internal information system, collecting and storing all project-related information, data, files, documents, ledgers, vouchers, contractor reports, changes in national policies and laws, and donor regulations related to project implementation (if the project uses ODA funds);

d) Promptly reporting to higher-level management authorities to handle issues and developments beyond their authority;

đ) Preparing monitoring and evaluation reports as prescribed;

e) Fully, promptly, and accurately updating information reports into the information system stipulated in Clause 14, Article 68 of this Decree;

g) Being responsible for the content of the report and bearing responsibility under the law for inaccurate reporting or providing information about investment implementation within their management scope;

2. Investors shall be responsible for:

a) Implementing project monitoring and evaluation as prescribed in this Decree;

b) Setting up an internal information system, collecting and storing all project-related information, data, files, documents, ledgers, vouchers, and contractor reports related to project implementation;

c) Promptly reporting to management authorities to handle issues and developments beyond their authority;

d) Preparing monitoring and evaluation reports as prescribed;

đ) Fully, promptly, and accurately updating information reports into the information system stipulated in Clause 14, Article 68 of this Decree;

e) Being responsible for the content of the report and bearing responsibility under the law for inaccurate reporting or providing information about investment implementation within their management scope.

Article 65. Implementation of Investment Monitoring and Evaluation

1. Ministries and sectors shall designate a subordinate unit (at the Department level) to be the focal point for implementing investment monitoring and evaluation tasks of their ministries and sectors; guide subordinate units and projects delegated or authorized by their ministries and sectors to implement monitoring and evaluation.

2. Provincial People's Committees shall assign the Provincial Planning and Investment Departments to be the focal point for implementing investment monitoring and evaluation tasks of their provinces; guide subordinate levels and units and projects delegated or authorized by their provincial people's committees to implement monitoring and evaluation.

3. State-owned enterprises with over 50% charter capital shall assign the planning and investment department to be the focal point for implementing investment monitoring and evaluation tasks of their enterprises; guide subordinate units to implement monitoring and evaluation.

4. Program owners, investors, and users shall assign the project management board or designate a responsible unit to regularly perform investment monitoring and evaluation tasks for projects under their management.

5. Investors shall use project companies or designate a responsible unit to regularly perform investment monitoring and evaluation tasks for projects under their management.

6. In cases where one agency simultaneously fulfills the roles of two or more of the following entities: State management agencies for public investment, State management agencies for investment, specialized State management agencies, supervisory agencies, State asset ownership representative agencies, investment registration agencies, investment decision-making authorities, State agencies authorized to sign contracts, program owners, investors, and users, investment monitoring and evaluation shall be carried out as follows:

a) The focal unit shall undertake all investment monitoring and evaluation tasks of the agency. However, the investment monitoring and evaluation tasks with the role of program owner, investor, or user must be assigned to the unit representing the program owner, investor, or user;

b) The content of investment monitoring and evaluation shall be based on integrating the monitoring and evaluation contents of the assigned entities.

7. Units specified from Clause 1 to Clause 6 of this Article shall carry out investment monitoring and evaluation in the following forms:

a) Self-implementing monitoring and evaluation of programs and projects and comprehensive investment monitoring and evaluation;

b) Hiring experts or consulting organizations to conduct program and project monitoring and evaluation and comprehensive investment monitoring and evaluation.

8. The authority deciding on project investment shall determine whether the investor can hire qualified experts or consulting organizations to evaluate the project.

9. Hiring experts or consulting organizations to conduct program and project monitoring and evaluation and comprehensive investment monitoring and evaluation shall be carried out in accordance with the law on bidding.

Article 66. Tasks and Authorities of Agencies and Units Implementing Investment Monitoring and Evaluation

1. Agencies and units assigned the task of implementing investment monitoring and evaluation shall assist Ministries, sectors, People's Committees at all levels, enterprises, and investors in performing investment monitoring and evaluation tasks with specific responsibilities as follows:

a) Develop plans for tracking, inspecting, and evaluating investments and organize the implementation of tracking, inspecting, and evaluating investment activities within their assigned scope of responsibility;

b) Specifically assign departments and staff responsible for tracking, inspecting, and evaluating investment programs and projects and overall investment tracking and evaluation;

c) Organize systems for providing and storing information on investment situations within the scope of Ministries, sectors, localities, enterprises, or projects (for project sponsors) under their management;

d) Collect reports and related information to serve the tracking, inspecting, and evaluating of investments according to specified subjects;

đ) Conduct reviews and analyses of information and reports, prepare Investment Monitoring and Evaluation Reports in accordance with prescribed content and requirements, and submit them to competent authorities for review;

2. Agencies and units implementing investment monitoring and evaluation have the following authorities:

a) Require agencies and units implementing investment monitoring and evaluation at relevant levels to report according to prescribed regulations, provide additional information and documents related to investment monitoring and evaluation if necessary;

b) In cases where necessary, directly communicate via telephone or on-site with agencies and units implementing investment monitoring and evaluation at relevant levels, project sponsors, and investors to clarify matters related to tracking, inspecting, and evaluating investments. On-site work must be planned with specific content and must be notified in advance to relevant agencies and units;

c) Recommend competent authorities to adjust projects when necessary or revoke investment decisions, suspend, or temporarily halt investment projects if serious violations are discovered during investment monitoring and evaluation. Report to competent authorities about violations of investment monitoring and evaluation regulations by project sponsors, investors, and related agencies and units, and recommend measures for handling violations based on their severity.

Article 67. Methods and Procedures for Implementing Investment Monitoring and Evaluation

1. Tracking investment programs and projects and overall investment tracking are carried out through the following methods:

a) Continuous on-site tracking;

b) Tracking through regular and ad hoc reports as required;

c) Tracking through combined reports with periodic or ad hoc on-site visits.

2. Program sponsors, project sponsors, and investors shall regularly track the implementation of investment programs and projects and are responsible for the accuracy and timeliness of reported information.

3. Investment decision-making authorities and state management agencies with authority shall track investment programs and projects and overall investment based on the synthesis, analysis, and evaluation of information reports from program sponsors, project sponsors, investors, and related agencies and units.

In necessary cases, direct on-site work may be conducted to clarify related information.

4. Inspection and evaluation of investment programs and projects and overall inspection and evaluation of investments are carried out through the following methods:

a) Through reports;

b) Establishing Inspection Teams and Evaluation Teams.

5. Procedure for tracking investment programs and projects.

a) Develop and adjust the monitoring and evaluation framework for programs and projects;

b) Determine information needs and tracking indicators;

c) Develop a tracking plan;

d) Develop organizational structures to support tracking activities;

đ) Prepare tools and information technology systems to support program and project tracking;

e) Collect and analyze data;

g) Report tracking results according to prescribed regulations.

6. Procedure for inspecting investment programs and projects

a) Draft and approve the Inspection Plan;

b) Establish an Inspection Team (if applicable);

c) Notify the Inspection Plan and request preparation of materials for inspection. The minimum preparation time for inspected entities is 20 days from the date of receipt of the document requesting material preparation;

d) Conduct the inspection. The maximum on-site inspection time for the Inspection Team is 20 days;

đ) Summarize and report inspection results. The maximum time for summarizing and reporting inspection results is 20 days;

e) Notify inspection results and conclude the inspection. The maximum time for this is 10 days from the date of receipt of the Inspection Team's report.

7. Procedure for conducting investment program and project evaluations

a) Draft and approve the Evaluation Plan;

b) Establish an Evaluation Team (if applicable);

c) Notify the Evaluation Plan and request preparation of materials for evaluation;

d) Describe the essence of the evaluated program or project (develop and adjust the evaluation framework for the program or project);

đ) Prepare detailed evaluation plans;

e) Collect and analyze data;

g) Report evaluation results;

h) Notify evaluation results.

8. Procedure for overall investment tracking

a) Determine information needs and tracking indicators;

b) Develop a tracking plan;

c) Develop organizational structures to support tracking activities;

d) Prepare tools and information technology systems to support overall investment tracking;

đ) Collect and analyze data;

e) Report tracking results according to prescribed regulations.

9. Procedure for overall investment inspection

a) Draft and approve the Inspection Plan;

b) Establish an Inspection Team (if applicable);

c) Notify the Inspection Plan and request preparation of materials for inspection. The minimum preparation time for inspected entities is 30 days from the date of receipt of the document requesting material preparation;

d) Conduct the inspection. The maximum on-site inspection time for the Inspection Team is 30 days;

đ) Summarize and report inspection results. The maximum time for summarizing and reporting inspection results is 30 days;

e) Notify inspection results and conclude the inspection. The maximum time for this is 10 days from the date of receipt of the Inspection Team's report.

10. Procedure for overall investment evaluation

a) Determine evaluation objectives, scope, and content;

b) Draft and approve the Evaluation Plan;

c) Establish an Evaluation Team (if applicable);

d) Notify the evaluation plan and request preparation of documents for evaluation purposes;

đ) Collect and analyze data;

e) Report the results of the evaluation;

g) Notify the results of the evaluation.

Article 68. Reporting System on Investment Supervision and Evaluation

1. The Ministry of Planning and Investment shall compile and report to the Prime Minister on investment supervision and evaluation every six months and annually, including the consolidated report on national key projects and Group A projects nationwide.

2. Ministries, sectors, localities, State-owned economic groups, and State Capital Investment Corporation shall establish and submit to the Ministry of Planning and Investment the following types of reports:

a) Comprehensive investment supervision and evaluation report every six months and annually;

b) Comprehensive report on overseas investment activities annually.

3. The investment registration agency shall establish and submit to the provincial People's Committee the investment supervision and evaluation report every six months and annually;

4. The agency responsible for establishing the proposal report for investment policy or the feasibility study report for public investment programs and projects shall submit to the authority with decision-making power over investment policies, the management agencies, and the units responsible for supervising and evaluating investment the following types of reports:

a) Periodic supervision and evaluation report: First quarter, mid-year, third quarter, and annually;

b) Supervision and evaluation report before submitting the decision on investment policy for programs and projects.

5. The agency responsible for establishing the feasibility study report for public investment programs and projects shall submit to the authority with investment decision-making power, the management agencies, and the units responsible for supervising and evaluating investment the following types of reports:

a) Periodic supervision and evaluation report: First quarter, mid-year, third quarter, and annually;

b) Supervision and evaluation report before submitting the investment decision for programs and projects.

6. The program leader and project investors of public investment programs and projects shall submit to the authority with investment decision-making power, the management agencies, and the units responsible for supervising and evaluating investment the following types of reports:

a) Periodic supervision and evaluation report: First quarter, mid-year, third quarter, and annually;

b) Supervision and evaluation report before commencement of programs and projects;

c) Supervision and evaluation report before adjustment of programs and projects;

d) Supervision and evaluation report at the end of programs and projects;

đ) Evaluation report on programs and projects implemented by themselves;

e) For national key programs and projects, Group A projects, and projects using targeted support funds from the central budget, they must also submit to the Ministry of Planning and Investment periodic supervision and evaluation reports every six months and annually, and the reports specified in Points b, c, and d of this Clause.

7. The project user of public investment projects shall submit to the authority with investment decision-making power, the lead agency responsible for supervising and evaluating investment the following types of reports:

a) Supervision and evaluation report on the operation of projects annually from the time of commissioning until the impact assessment report is issued;

b) Impact assessment report on projects.

8. Investors of projects using government-guaranteed credit, state-guaranteed loans, land use value, development fund, and state-owned enterprise development capital shall establish and submit to the management agencies, the authority with investment decision-making power, and the units responsible for supervising and evaluating investment the following types of reports:

a) Periodic supervision and evaluation report: First quarter, mid-year, third quarter, and annually;

b) Supervision and evaluation report before commencement of projects;

c) Supervision and evaluation report before adjustment of projects;

d) Evaluation report on projects implemented by themselves;

đ) Pre-supervision and evaluation report when starting operation of projects (for Group C projects);

e) For national key projects and Group A projects, they must also submit to the Ministry of Planning and Investment periodic supervision and evaluation reports every six months and annually, and the reports specified in Points b, c, d, and đ of this Clause.

9. Investors implementing projects under the Public-Private Partnership model shall establish and submit to the authority with investment decision-making power and the agency issuing the Investment Registration Certificate the following types of reports:

a) Periodic supervision and evaluation report: First quarter, mid-year, third quarter, and annually;

b) Supervision and evaluation report before commencement of projects;

c) Supervision and evaluation report before adjustment of projects;

d) Evaluation report on projects implemented by themselves;

đ) Supervision and evaluation report before starting operation of projects (for Group C projects);

e) For national key projects, Group A projects, and projects using targeted support funds from the central budget, they must also submit to the Ministry of Planning and Investment periodic supervision and evaluation reports every six months and annually, and the reports specified in Points b, c, d, and đ of this Clause.

10. Investors of projects using other sources of capital shall establish and submit to the investment registration agency and the lead agency responsible for supervising and evaluating investment in the locality where the project is located the following types of reports:

a) Periodic supervision and evaluation report: Every six months and annually;

b) Final evaluation report (if applicable);

c) Supervision and evaluation report before commencement of projects (for projects not requiring an Investment Registration Certificate);

d) Supervision and evaluation report before starting operation of projects (for projects not requiring an Investment Registration Certificate).

11. Investors of overseas investment projects shall establish and submit to the Ministry of Planning and Investment, the State Bank of Vietnam, the Ministry of Finance, the State-owned enterprise representative bodies, the provincial People's Committee where the investor is headquartered, and the Vietnamese representative body in the receiving country the following types of reports:

a) Periodic supervision and evaluation report: Every six months and annually;

b) Supervision and evaluation report before adjusting projects (in cases where project adjustments require changes to the Investment Registration Certificate);

c) Final evaluation report.

12. National Treasury at all levels:

a) The Central Treasury shall quarterly and annually report to the Ministry of Finance and the Ministry of Planning and Investment on the disbursement situation of programs and projects funded by the state budget;

b) Provincial Treasuries shall quarterly and annually report to the Department of Finance and the Department of Planning and Investment on the disbursement situation of programs and projects funded by the state budget within their jurisdiction.

13. Reporting system for community investment supervision

a) The Investment Supervision Board of the community shall regularly report quarterly to the Vietnam Fatherland Front Committee at the commune level on the implementation of investment supervision by the community for programs and projects within its jurisdiction. In case of discovering violations or having other recommendations regarding programs and projects during the process of community investment supervision, the Investment Supervision Board shall compile and submit to the Vietnam Fatherland Front Committee at the commune level for forwarding recommendations to relevant agencies;

b) The Vietnam Fatherland Front Committee at the commune level shall regularly report annually, compiling results of community investment supervision within the commune to the People's Council, People's Committee at the commune level, the Vietnam Fatherland Front Committee at the district and provincial levels;

c) The Vietnam Fatherland Front Committee at the provincial level shall regularly report annually, compiling and preparing reports on the results of community investment supervision in the locality to be sent to the Department of Planning and Investment, the People's Council, People's Committee at the provincial level, and the Ministry of Planning and Investment;

14. Individuals, organizations, and agencies specified in Clauses from 1 to Clause 11 of this Article shall update all information in the reporting systems fully, promptly, and accurately as follows:

a) Programs and projects of public investment; public-private partnership investment projects; investment projects using credit funds guaranteed by the state, assets of the state as collateral, value of land use rights, development funds for public services, and development capital of state-owned enterprises shall use the system for monitoring and evaluating investment in programs and projects funded by state capital;

b) Investment projects using other sources of capital and investment projects abroad shall use the national information system on investment;

15. Individuals, organizations, and agencies specified in Clauses from 1 to Clause 12 of this Article shall submit reports immediately when required;

16. The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to implement the following tasks:

a) Building and operating the information systems mentioned in Clause 14 of this Article;

b) Guiding management, operation, and utilization of the systems;

c) Evaluating the operation of the systems by central and local state investment management agencies;

Article 69. Reporting Periods and Contents of Reports on Investment Monitoring and Evaluation

1. Reporting periods for program sponsors, project investors, and investors:

a) Submitting reports 15 days before the start of construction of the project;

b) Submitting reports before submitting adjustments to programs and projects;

c) Submitting reports 15 days before the commencement of project operation;

d) Submitting quarterly reports before the 10th day of the first month of the next quarter;

đ) Submitting mid-year reports before July 10 of the reporting year;

e) Submitting annual reports before February 10 of the following year;

2. Reporting periods for investment registration agencies:

a) Submitting mid-year reports before July 20;

b) Submitting annual reports before February 20 of the following year;

3. Reporting periods for the State Treasury:

a) Submitting quarterly reports before the 10th day of the first month of the next quarter;

b) Submitting mid-year reports before July 10 of the reporting year;

c) Submitting annual reports before February 10 of the following year;

4. Reporting periods for ministries, sectors, localities, state economic groups, and state capital investment corporations:

a) Submitting mid-year reports before July 30;

b) Submitting annual reports before March 1 of the following year;

5. Reporting periods for community investment supervision:

a) The Community Investment Supervision Board shall submit reports before the 10th day of the first month of the next quarter;

b) The Vietnam Fatherland Front Committee at the commune level shall submit annual reports before February 10 of the following year;

c) The Vietnam Fatherland Front Committee at the provincial level shall submit annual reports before February 20 of the following year;

6. The Ministry of Planning and Investment shall report to the Prime Minister:

a) Submitting mid-year reports on investment monitoring and evaluation work before August 31 of the reporting year;

b) Submitting annual reports on investment monitoring and evaluation work before March 31 of the following year;

7. The contents of the reports shall be implemented according to the corresponding provisions in Chapters II, III, IV, V, VI, and VII of this Decree;

8. The format of reports on investment monitoring and evaluation shall be prescribed by the Ministry of Planning and Investment.

Article 70. Handling the Results of Investment Monitoring and Evaluation

1. Ministries, sectors, localities must consider and promptly address arising issues and recommendations from investment monitoring and evaluation agencies, program sponsors, investors, users, and project owners within their authority and responsibility within fifteen days from receiving related requests, and bear responsibility for handling matters within their jurisdiction or report promptly to higher authorities regarding issues exceeding their jurisdiction.

2. Authorities at all levels when deciding on investment programs and projects must base their decisions on the results of monitoring and evaluating the preparation process of such programs and projects.

3. Authorities at all levels when adjusting programs and projects must base their adjustments on the results of inspecting and evaluating the programs and projects according to the provisions of this Decree.

4. The results of investment monitoring and evaluation serve as the basis for authorities at all levels to select investors to implement programs and projects.

5. The results of assessing the impact of programs and projects serve as the basis for authorities at all levels to consider and decide on expanding investment in programs and projects or investing in similar programs and projects.

Article 71. Handling Violations in Investment Monitoring and Evaluation

1. Organizations and individuals who conceal violations or commit other violations shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation shall be provided in accordance with the law.

2. Administrative penalties in investment monitoring and evaluation shall be implemented in accordance with the laws on administrative penalties in the field of planning and investment.

3. For public investment programs and projects, projects using credit guaranteed by the Government, loans secured by State assets, land use rights value, funds from development activity funds, and state-owned enterprise development investment funds, if the investor does not fully comply with reporting regulations, the heads of the agencies, units responsible for the programs, investors, Project Management Board Directors, and staff assigned to monitor and evaluate investments by the program sponsors and investors must be penalized as follows:

a) Two consecutive periods without reports or three periods without reports will result in reprimand;

b) Three consecutive periods without reports or four periods without reports will result in warning.

4. In cases of non-compliance with reporting regulations, public investment projects can only be allocated planned capital and disbursed after being penalized according to Articles 2 and 3 of this Decree and supplementing missing contents or reports as required.

5. Authorities at all levels may only adjust investment policies, programs, and projects, and Investment Registration Certificates after conducting inspections and evaluations of programs and projects according to the provisions of this Decree.

6. Handling violations in investment management during the monitoring and evaluation process:

a) Agencies implementing investment monitoring and evaluation must promptly report to authorities at all levels about investment management violations under their management for handling according to regulations;

b) Agencies implementing investment monitoring and evaluation that intentionally conceal investment management violations will be held jointly liable under the law for any errors and consequences caused.

7. Annually, based on comprehensive reports and proposals from the lead agency responsible for investment monitoring and evaluation, ministries, sectors, and localities must consider and decide on handling violations by program sponsors, investors, and violators of investment monitoring and evaluation regulations through the following forms:

a) Reprimand, warning;

b) Replace program sponsors, investors;

c) Not assign to be investors for other projects.

8. Annually, the Ministry of Planning and Investment shall perform:

a) Propose handling measures for ministries, sectors, and localities that fail to submit comprehensive investment monitoring and evaluation reports or submit such reports late or of poor quality;

b) Compile and report to the Prime Minister on the situation of handling violations in investment monitoring and evaluation.

Chapter XI

IMPLEMENTING PROVISIONS

Article 72. Effective Date

1. This Decree takes effect from November 20, 2015.

2. This Decree replaces Government Decree No. 113/2009/NĐ-CP dated December 15, 2009, on investment monitoring and evaluation.

3. Previous government regulations, ministerial regulations, and local regulations contrary to this Decree are abolished.

Article 73. Implementation organization

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, Heads of political organizations, political-social organizations, political-social-professional organizations, and related organizations and individuals shall be responsible for implementing this Decree.

2. The Ministry of Planning and Investment shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree./.