Decree No. 85/2025/NĐ-CP detailing the implementation of certain provisions of the Public Investment Law

DECREE

Detailed Implementation of Certain Provisions of the Public Investment Law

Pursuant to the Government Organization Law on February 18, 2025;

"a) Ministries and central agencies shall take the lead and coordinate with the Ministry of Finance and related agencies in submitting to the Prime Minister for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget according to groups of services within their respective sectors and fields under their management. Ministries and central agencies shall issue detailed lists of services as a basis for tendering, ordering, and assigning tasks (if necessary)."

At the request of the Minister of Finance;

The Government promulgates this Decree to provide detailed implementation of certain provisions of the Public Investment Law. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed implementation of certain provisions of the Public Investment Law, including:

1. Clause 6, Article 5 on the procedures and formalities for implementing investment for interest rate subsidies, management fees; capital contributions to policy banks, state financial funds outside the budget; support for other investment objects according to decisions of the Government or the Prime Minister.

2. Clause 7, Article 5 on conditions, criteria, and principles for allocating funds to entrust the implementation of preferential credit policies through provincial and centrally-administered city branches of the Social Policy Bank.

3. Clause 2, Article 6 on classifying public investment projects.

4. Clause 2, Article 7 on sectors and fields using public investment capital.

7. Clause 4, Article 37 on files, procedures, contents, and formalities for adjusting investment policies for programs and projects; cases of stopping investment policies for programs and projects and procedures and formalities for implementation.

8. Clause 7, Article 38 on the delegation of authority, procedures, and formalities for deciding on investment for programs and projects funded from legitimate revenues of state agencies and public service units designated for investment in accordance with regulations on financial autonomy of agencies and units.

9. Clause 5, Article 43 on principles, authority, contents, procedures, and formalities for preparing, reviewing, and deciding on investment for public investment projects abroad.

10. Clause 6, Article 46 on contents, procedures, and formalities for preparing, reviewing, and adjusting programs and projects.

11. Clause 2, Article 48 on files for deciding on programs and projects, contents, and timeframes for reviewing and deciding on programs and projects.

12. Clause 5, Article 57 on the timeframe for allocating funds to implement projects.

13. Clause 10, Article 59 on procedures for preparing, approving, and assigning medium-term public investment plans from the state budget.

14. Clause 9, Article 60 on procedures for preparing, approving, and assigning annual public investment plans from the state budget.

15. Clause 5, Article 62 on preparing, reviewing, approving, and assigning medium-term and annual plans from legitimate revenues of state agencies and public service units designated for investment.

16. Clause 2, Article 69 on reporting to competent authorities on the implementation of public investment plans.

17. Clause 4, Article 70 on the implementation of public investment plans.

18. Clause 9, Article 71 on procedures and formalities for adjusting medium-term and annual public investment plans from the state budget.

19. Clause 4, Article 80 on monitoring, inspecting, and evaluating public investment plans.

20. Clause 4, Article 83 on managing the implementation of tasks for investment preparation, planning, and public investment projects without construction components.

21. Clause 2, Article 93 on deciding on investment policies for projects funded from legitimate revenues of state agencies and public service units with implementation periods spanning two consecutive medium-term plans.

22. Clause 4, Article 101 on the National Information System and Database on Public Investment.

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

Article 3. Explanation of Terms

1. Report proposing adjustment of investment policy is a document presenting the adjusted contents of the report proposing the investment policy for programs and projects.

2. Feasibility study report for adjustment is a document presenting the adjusted contents of the feasibility study report for programs and projects.

3. Preliminary feasibility study report for adjustment is a document presenting the adjusted contents of the preliminary feasibility study report for projects.

4. Interest rate subsidy and management fee allocation is the allocation of public investment capital to offset interest rate differences and management fees for lending to policy targets as prescribed by law.

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

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

7. Investment support for other objects according to decisions of the Government or the Prime Minister is the allocation of public investment capital to implement specific policies according to decisions of the Government or the Prime Minister.

8. National Information System and Database on Public Investment

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

b) The national database on public investment is a collection of basic information about programs, projects, and annual public investment plans that are established, updated, and maintained for management, exploitation, and utilization through electronic means.

c) The system is uniformly constructed and implemented nationwide to serve state management activities related to public investment, including the consolidation, reporting, allocation, and adjustment of medium-term and annual public investment plans; monitoring and evaluating public investment programs and projects; managing, storing, and publicly disclosing data in accordance with regulations.

Public investment funds are allocated to public investment objects as prescribed by the Law on Public Investment and are categorized by sector and field:

1. National Defense: Tasks, programs, and projects within sectors and fields serving national defense objectives, key tasks, disaster response, and search and rescue operations of central and local specialized units according to their respective levels of authority; bomb and mine clearance, explosive ordnance disposal, development of dual-use defense industries, and housing for the people's armed forces purchased or invested in by the Ministry of National Defense.

3. Education and Training: Tasks, programs, and projects for constructing infrastructure, material facilities, and equipment serving educational and training objectives from preschool to university levels and continuing education; investment in training bases for cadres of central ministries, agencies, and localities.

6. Culture and Information: Tasks, programs, and projects serving objectives in the following areas:

a) Culture: Protection and conservation of tangible and intangible cultural heritage, ethnic culture; development of literature, arts, cinema, libraries, museums, community culture, performing arts; development of cultural institutions and cultural works;

b) Information: Infrastructure, material facilities, and equipment serving the activities of publishing and press of the Party and State.

7. Broadcasting, Television, and News Agencies: Tasks, programs, and projects for constructing infrastructure, material facilities, and equipment serving broadcasting, television, and news agency objectives to fulfill political tasks, social responsibilities, and essential public services.

8. Physical Education and Sports: Tasks, programs, and projects for constructing infrastructure, material facilities, and equipment serving physical education and sports development objectives.

9. Environmental Protection: Tasks, programs, and projects serving objectives in the following areas:

a) Environment: Infrastructure, material facilities, and equipment for environmental monitoring, warning systems, pollution control, environmental improvement, waste and wastewater treatment, green growth, adaptation to climate change, and sustainable development;

b) Natural Resources: Infrastructure, material facilities, and equipment for surveying, mapping, remote sensing, meteorology, hydrology, geological exploration, mineral resources, land surveys, land protection, restoration, natural resource protection, biodiversity, marine and island resources.

10. Economic Activities: Tasks, programs, and projects serving objectives in the following areas:

a) Agriculture, Forestry, Salt Industry, Irrigation, and Fisheries: Infrastructure, material facilities, and equipment for agriculture, forestry, salt industry, irrigation, and fisheries; rural economy (including new rural construction, clean water supply, and environmental sanitation in rural areas, rural craft village development linked to households and cooperatives, rural population resettlement, stable settlement, free migration stabilization, and resettlement); crop and livestock breeding development; afforestation, forest protection, and development; disaster prevention, firefighting, disease control, rice stability, water security, food security;

b) Industry: Rural and mountainous area power supply, offshore islands; material facilities, equipment, and infrastructure for power system operation and national electricity market; oil and gas sector tasks and projects as decided by the Prime Minister, printing and minting facilities and equipment;

c) Transportation: Road, railway, inland waterway, maritime, airport infrastructure;

d) Industrial Zones and Economic Zones: Infrastructure for coastal economic zones, border economic zones, specialized economic zones, free trade zones, and industrial zone infrastructure, clusters;

đ) Commerce: People's markets, wholesale markets, logistics centers, exhibition centers, export and import infrastructure;

e) Water Supply and Drainage;

g) Warehousing: Infrastructure, material facilities, and equipment for warehousing, specialized storage facilities, national reserve warehouses, archival storage, evidence storage;

h) Tourism: Infrastructure aimed at sustainable tourism development in tourist areas and sites;

i) Telecommunications: Infrastructure, material facilities, and equipment serving telecommunications objectives to fulfill political tasks, social responsibilities, and essential public services; telecommunications and Internet infrastructure; infrastructure, material facilities, and equipment for upgrading and developing dedicated telecommunications networks serving Party and State agencies; national data center and cloud computing infrastructure;

k) Postal Services: Infrastructure, material facilities, and equipment serving postal service objectives to fulfill political tasks, social responsibilities, and essential public services; infrastructure, material facilities, and equipment for upgrading and developing the postal network serving Party and State agencies;

l) Information Technology: IT application infrastructure and data centers in Party and State agencies; IT application infrastructure and data centers for dedicated telecommunications networks, special-purpose telegraph networks, special-purpose data transmission networks, and special-purpose telephone networks serving Party and State agencies; information systems, hardware, software databases; digital platforms, application software, shared services; cybersecurity, cyber security; semiconductor chips; artificial intelligence;

m) Planning: Tasks related to planning as prescribed by the Law on Planning;

n) Public works in urban and rural areas; technical infrastructure of urban areas;

o) Finance, banking;

11. Activities of state management agencies, public service units, political organizations, and social-political organizations: Tasks, programs, projects serving the objectives of constructing, renovating, upgrading office premises, official residences, housing for transferred or reassigned cadres, purchasing equipment for agencies under the political system and the state; projects for purchasing new, constructing, and renovating office premises, renovating and upgrading housing, purchasing equipment for Vietnamese agencies abroad.

12. Society: Tasks, programs, projects investing in building, renovating, upgrading infrastructure, material facilities, purchasing equipment for rehabilitation centers, functional recovery centers, care facilities for war veterans; employment support; construction, renovation, upgrading of facilities for elderly people living alone, orphaned children without shelter; construction of worker dormitories in industrial zones; health care, rehabilitation of workers' health, prevention of occupational diseases; facilities supporting youth, women, farmers' activities; construction, renovation, upgrading, expansion of memorials for martyrs; detoxification and other social assistance facilities; worker dormitories.

13. Other tasks, programs, projects as prescribed by law: Supporting investment for specific target groups and policies as stipulated by the Government and the Prime Minister; tasks, programs, projects within the scope of public investment not classified into sectors or fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Article.

Article 5. Conditions, criteria, and principles for allocating local budget capital to entrust the implementation of preferential credit policies through the Vietnam Bank for Social Policies branch in provinces and centrally governed cities.

1. Principles and conditions for allocating local budget capital to entrust the implementation of preferential credit policies through the Vietnam Bank for Social Policies branch in provinces and centrally governed cities:

a) Compliance with the provisions of Articles 54, 55, and 56 of the Investment Law;

b) Ensuring the ability to balance local budget capital in the medium-term investment plan and annual plans to implement such policies; ensuring the ability to recover local budget capital allocated for entrusting the implementation of preferential credit policies;

c) The establishment, approval, and allocation of medium-term investment plans and annual plans for entrusted capital through the Vietnam Bank for Social Policies shall be carried out according to the provisions of Articles 59 and 60 of the Investment Law.

2. Based on the proposed medium-term and annual investment plans reported by the Vietnam Bank for Social Policies branch in provinces and centrally governed cities, the provincial People's Committee shall submit to the Provincial People's Council for decision on the criteria for allocating local budget capital in the medium-term and annual investment plans to entrust the implementation of preferential credit policies through the Vietnam Bank for Social Policies branch in the respective province or city.

Chapter II

 ESTABLISHING, REVIEWING, DECIDING ON THE INVESTMENT POLICY OF PROGRAMS PROJECTS

Article 6. Authority to decide on the investment policy of programs and projects using funds from legitimate revenues of state agencies and public service units designated for investment

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

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

The head of the ministry or central agency may delegate or authorize the decision on the investment policy for projects of Groups B and C of state agencies under their management as stipulated in this point to the head of the relevant state agency;

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

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

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

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

a) The Chairperson of People's Committees at all levels decides on the investment policy: programs and projects of Groups A, B, and C of state agencies under their management; programs and projects of Group A of public service units directly under them that self-finance regular expenses; programs and projects of Groups A and B of other public service units directly under them, except those specified in point b of this clause;

The Chairperson of People's Committees at all levels may delegate or authorize the decision on the investment policy for projects of Groups B and C of state agencies under their management as stipulated in this point to the head of the relevant state agency;

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

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

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

3. For projects using funds from legitimate revenues of state agencies and public service units designated for investment with a duration spanning two consecutive medium-term investment plans, the competent authority deciding on the investment policy for projects as stipulated in clauses 1 and 2 of this Article shall decide on the investment policy for the project and bear responsibility for the decision in accordance with the ability to balance investment capital sources and the ability to mobilize other legitimate capital sources (if any).

4. Within five working days from the date of approving the investment policy for programs and projects, the public service units specified in points b, c, and d of clause 1 of this Article and points b, c, and d of clause 2 of this Article shall send the decision approving the investment policy for programs and projects to the relevant ministries, central agencies, and People's Committees managing them for reporting purposes.

Article 7. Procedures and formalities for deciding on investment policies for programs and projects using funds from legitimate revenues of state agencies and public service units designated for investment.

1. The head of a ministry or central agency:

a) Assign subordinate units or public service units under their management to organize the preparation of preliminary feasibility reports and proposals for investment policies regarding programs and projects specified in point a, Clause 1, Article 6 of this Decree;

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

c) Direct the units specified in point a of this clause to complete preliminary feasibility reports and proposals for investment policies; submit them to the head of the ministry or central agency for consideration and decision on investment policies for programs and projects.

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

a) Assign specialized agencies, subordinate units, or public service units under their management to prepare preliminary feasibility reports and proposals for investment policies regarding programs and projects specified in point a, Clause 2, Article 6 of this Decree;

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

c) Direct the agencies and units specified in point a of this clause to complete preliminary feasibility reports and proposals for investment policies; submit them to the Chairperson of the People's Committee at the relevant level for consideration and decision on investment policies for programs and projects.

3. The head of public service units specified in points b, c, d, Clause 1, Article 6 and points b, c, d, Clause 2, Article 6 of this Decree:

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

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

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

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

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

2. Authority for deciding on investment policies for public investment projects abroad shall be implemented according to the provisions of Article 18 of the Public Investment Law.

1. The head of a ministry or central agency:

a) Assign subordinate units, including public service units under their management, to prepare preliminary feasibility reports and proposals for investment policies for projects;

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

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

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

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

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

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

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

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

b) Objectives, scale, and location of investment;

c) Estimated total investment amount; estimated structure of funding sources;

d) Estimated schedule and phased implementation of investment;

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

e) Division of component projects (if applicable);

g) Implementation solutions.

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

a) The necessity for investment in the project;

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

c) Compliance with planning regulations of the host country;

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

đ) Economic and social effectiveness.

1. For projects managed by ministries or central agencies using local budget funds at various levels, the procedures and formalities for deciding on investment policies shall be carried out as follows:

a) In accordance with the provisions of Article 26 of the Law on Public Investment;

b) As for the portion of local budget funds participating in implementing the project, the People's Committee shall submit to the People's Council at the same level to issue a Resolution allocating its own local budget funds as the basis for assessing the sources of funding and the ability to balance the project's capital.

a) In accordance with the provisions of Articles 25 and 28 of the Law on Public Investment;

b) As for the portion of lower-level local budget funds participating in implementing the project, the People's Committee shall submit to the People's Council at the same level to issue a Resolution allocating its own local budget funds as the basis for assessing the sources of funding and the ability to balance the project's capital.

2. For projects managed by provincial and district People's Committees using lower-level local budget funds, the procedures and formalities for deciding on investment policies shall be carried out as follows:

a) In accordance with the provisions of Articles 25 and 28 of the Law on Public Investment;

b) As for the portion of lower-level local budget funds participating in implementing the project, the People's Committee shall submit to the People's Council at the same level to issue a Resolution allocating its own local budget funds as the basis for assessing the sources of funding and the ability to balance the project's capital.

Article 11. Documents, contents, and timeframes for reviewing feasibility study reports and proposals for investment policy of Group A, B, and C public investment programs and projects.

1. The documents for reviewing feasibility study reports and proposals for investment policy of Group A, B, and C public investment programs and projects include:

a) A request for the competent authority to decide on the investment policy of the program or project;

b) Feasibility study report for Group A projects; proposal for investment policy of Group B and C programs and projects;

c) Other related documents (if any).

The agency submitting for review shall send the review documents to the Review Board or the main reviewing agency via electronic means, except for documents containing state secrets as stipulated by laws on protecting state secrets.

2. Contents of reviewing the investment policy of public investment programs include:

a) Compliance with criteria for determining public investment programs;

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

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

d) Contents prescribed in Article 33 of the Law on Public Investment;

đ) Economic and social efficiency, environmental protection, and sustainable development;

e) Ability to recover capital and repay debt in cases where borrowed funds are used.

3. Contents of reviewing the investment policy of Group A, B, and C public investment projects include:

a) The necessity for investment in the project;

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

c) Compliance with plans and relevant planning regulations as stipulated by laws on planning;

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

đ) Contents prescribed in Article 34 of the Law on Public Investment for Group A projects, and Article 35 of the Law on Public Investment for Group B and C projects;

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

4. The main reviewing agency for feasibility study reports and proposals for investment policy of public investment programs and projects has the responsibility to seek opinions from the agency assigned to review sources of funding and the ability to balance the program's and project's capital as stipulated in Article 36 of the Law on Public Investment during the review process of feasibility study reports and proposals for investment policy of public investment programs and projects. The agency assigned to review sources of funding and the ability to balance capital has the responsibility to send its review opinions to the main reviewing agency.

 In case the main reviewing agency for feasibility study reports and proposals for investment policy is also the agency assigned to review sources of funding and the ability to balance capital as stipulated in Article 36 of the Law on Public Investment, the main reviewing agency for feasibility study reports and proposals for investment policy shall organize the review of sources of funding and the ability to balance capital itself.

5. The timeframe for reviewing feasibility study reports and proposals for investment policy of Group A, B, and C public investment programs and projects, starting from the day the Review Board or the main reviewing agency receives complete and valid documents, is as follows:

a) National Target Programs: Not exceeding 40 working days;

b) Public Investment Programs (excluding National Target Programs): Not exceeding 30 working days;

c) Group A Projects: Not exceeding 30 working days;

d) Group B and C Projects: Not exceeding 20 working days;

In case the documents are not valid or the contents in the feasibility study reports and proposals for investment policy of public investment programs and projects do not comply with the provisions of Articles 33, 34, and 35 of the Law on Public Investment, within no more than 5 working days from the date of receiving the documents, the Review Board or the main reviewing agency shall send a written opinion to the agency submitting for review requesting supplementary documents or completion of the feasibility study report and proposal for investment policy of public investment programs and projects.

6. The Review Board or the main reviewing agency for feasibility study reports of Group A projects and proposals for investment policy of Group B and C programs and projects shall submit the review report as follows:

a) For public investment programs: submit to the program's management agency and the agency with the authority to decide on the investment policy;

b) For Group A projects under the Prime Minister's jurisdiction: implement according to the provisions of Clause 4, Article 24 of the Law on Public Investment;

c) For other Group A projects not covered by point b of this clause, and Group B and C projects: submit to the agency submitting for review, the project management agency, and the agency with the authority to decide on the investment policy.

Article 12. Documents to be submitted to the competent authority and time for deciding on investment policy for Group A, B, and C public investment programs and projects

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

a) The documents specified in Clause 1, Article 11 of this Decree, wherein the contents in the proposal and the preliminary feasibility study report, and the investment policy proposal report have been completed according to the appraisal report of the Appraisal Council or the leading appraisal agency;

b) The appraisal report of the Appraisal Council or the leading appraisal agency regarding the investment policy for the program and project.

2. The time for deciding on investment policy for the program and project from the date the competent authority for deciding on investment policy receives complete and valid documents as follows:

a) Public investment program (excluding national target programs): Not exceeding 10 working days;

b) Group A project: Not exceeding 07 working days;

c) Group B and C projects: Not exceeding 05 working days;

In cases where the People's Councils at all levels decide on investment policy for the program and project, the time for deciding on investment policy shall be consistent with the session schedule of the People's Council.

3. Within 03 working days from the date the competent authority for deciding on investment policy for the program and project:

a) Ministries, central agencies, and local authorities managing programs and projects using central budget funds shall send the decision on investment policy for the program and project approved by the competent authority to the Ministry of Finance;

b) Agencies managing programs and projects using state budget funds at all levels of localities shall send the decision on investment policy for the program and project approved by the competent authority to the Department of Finance and the specialized agency managing investment at the same level.

Article 13. Classification of public investment projects

Group A, B, and C public investment projects are classified according to Appendix I attached to this Decree.

Article 14. Documents, procedures, formalities, and contents for adjusting investment policy for Group A, B, and C public investment programs and projects

1. The procedures and formalities for adjusting investment policy shall be implemented in accordance with the provisions of Clause 3, Article 37 of the Law on Public Investment, wherein the agency, unit, or organization assigned to organize the preparation and appraisal of the preliminary feasibility study report for adjustment, and the report proposing adjustment of investment policy shall submit them to the competent authority for consideration and decision.

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

a) The proposal submitted to the competent authority for deciding on adjustment of investment policy for the program and project, detailing the reasons for adjusting the investment policy for the program and project; the contents of the adjustment of the investment policy for the program and project corresponding to the contents of the preliminary feasibility study report and the report proposing investment policy for the program and project, and their compliance with the cases of adjustment of investment policy for the program and project stipulated in Clause 2, Article 37 of the Law on Public Investment;

b) The accompanying documents with the proposal include: the decision on investment policy for the program and project; the previous decision on adjustment of investment policy for the program and project (if any); the adjusted preliminary feasibility study report or the report proposing adjustment of investment policy for the program and project including the contents of the preliminary feasibility study report and the report proposing investment policy for the program and project as prescribed in Articles 33, 34, and 35 of the Law on Public Investment that have been adjusted;

c) The appraisal report of the Appraisal Council or the leading appraisal agency regarding the adjustment of investment policy for the program and project. The content of the appraisal of the adjusted preliminary feasibility study report or the report proposing adjustment of investment policy corresponds to the contents prescribed in Clauses 2 and 3, Article 11 of this Decree for the proposed adjustments;

d) Other related documents (if any).

3. The time for deciding on adjustment of investment policy for the program and project from the date the competent authority for deciding on adjustment of investment policy receives complete and valid documents as follows:

a) Public investment program (excluding national target programs): Not exceeding 10 working days;

b) Group A project: Not exceeding 07 working days;

c) Group B and C projects: Not exceeding 05 working days.

4. The Appraisal Council or the leading appraisal agency for the adjustment of investment policy for the program and project shall bear responsibility for appraising the proposed adjustments mentioned in the adjusted preliminary feasibility study report or the report proposing adjustment of investment policy, and shall not be responsible for the contents already appraised and decided upon previously.

1. In cases where programs and projects have been decided on investment proposals but have not yet been decided on investment, the competent authority deciding the investment proposal for the program or project shall decide to suspend the investment proposal for that program or project and bear responsibility for its decision.

2. In cases where programs and projects have already been decided on investment, the suspension of investment proposals for programs and projects shall be implemented in the following situations:

a) Continuing to implement the program or project causes serious economic, social, national defense, security, foreign relations, and environmental consequences;

b) Suspending the investment proposal for the program or project yields higher financial and socio-economic benefits;

c) Due to unforeseeable and unremediable objective reasons, it is impossible to continue implementing the program or project despite applying all necessary and permissible measures.

3. The procedures for suspending investment proposals for programs and projects as stipulated in Clause 2 of this Article shall be carried out as follows:

a) The authority deciding investment for the program or project shall organize inspections and evaluations of the implementation process of the program or project in accordance with laws on public investment and related laws;

b) The authority deciding investment for the program or project shall report to the authority deciding the investment proposal for the program or project about the suspension of the investment proposal for the program or project, specifying the reasons for suspending the investment proposal according to the cases stipulated in Clause 2 of this Article;

Chapter III

ESTABLISHING, REVIEWING, DECIDING INVESTMENT PUBLIC INVESTMENT PROGRAMS AND PROJECTS

Article 16. Competence to decide on investment for programs and projects using funds from legitimate revenues of state agencies and public service units reserved for investment

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

a) The head of a ministry or central agency decides on investment for programs and projects of groups A, B, and C managed by their own level of state agencies; may delegate or authorize the heads of subordinate state agencies to decide on investment for projects of groups B and C as specified herein;

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

c) Public service units as specified in point b of this clause may act as the main investor for projects without construction components that they decide to invest in. For projects with construction components, the determination of the main investor shall be carried out in accordance with laws on construction.

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

a) The Chairperson of People's Committees at various levels decides on investment for programs and projects of groups A, B, and C managed by their own level of state agencies; may delegate or authorize the heads of subordinate state agencies to decide on investment for projects of groups B and C as specified herein;

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

c) Public service units as specified in point b of this clause may act as the main investor for projects without construction components that they decide to invest in. For projects with construction components, the determination of the main investor shall be carried out in accordance with laws on construction.

Article 17. Procedures and formalities for deciding on investment for programs and projects using funds from legitimate revenues of state agencies and public service units reserved for investment

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

a) For programs and projects decided on investment by the head of a ministry or central agency:

Based on the investment proposal already decided by the competent authority, the head of the ministry or central agency assigns the main investor to organize the preparation of a feasibility study report for the program or project; establishes a Review Board or assigns a functional unit to lead the review of the feasibility study report for the program or project;

The main investor bases the review opinions to complete the feasibility study report for the program or project, and submits it to the head of the ministry or central agency for examination and decision on investment for the program or project;

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

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

a) For programs and projects decided on investment by the Chairpersons of People's Committees at various levels:

Based on the investment proposal already decided by the competent authority, the Chairpersons of People's Committees at various levels assign the main investor to organize the preparation of a feasibility study report for the program or project; establish a Review Board or assign a functional unit to review the feasibility study report for the program or project;

The main investor bases the review opinions to complete the feasibility study report for the program or project, and submits it to the Chairpersons of People's Committees at various levels for examination and decision on investment for the program or project;

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

3. For projects with construction components, the procedures for preparing, reviewing, and deciding on investment for the project shall be carried out in accordance with laws on construction.

Article 18. Principles, authority, content of establishment, examination, and decision on public investment projects groups A, B, and C abroad

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

2. The authority to decide on investing in public investment projects abroad shall be implemented in accordance with Article 38 of the Public Investment Law.

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

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

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

a) The necessity of investment;

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

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

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

đ) Factors related to security and environment;

e) Land clearance plan (if applicable);

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

h) Determination of total investment amount, capital structure;

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

k) Economic and social effectiveness analysis.

6. The contents of examination for public investment projects without construction components abroad include:

a) Compliance with legal provisions in the submitted dossier for examination;

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

c) The necessity of investment;

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

đ) Consistency of project objectives and scale;

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

g) Factors related to security and environment;

h) Land clearance plan (if applicable);

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

k) Determination of total investment amount;

l) Form of project management implementation;

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

Article 19. Procedures and formalities for establishing, examining, and deciding on public investment projects groups A, B, and C abroad

1. For projects managed by ministries or central agencies:

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

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

2. For projects managed by local authorities:

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

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

Article 20. Documents and contents for assessing public investment programs

1. Documents for assessing public investment programs:

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

b) The feasibility study report on the program as prescribed in Clause 1, Article 47 of the Public Investment Law;

c) Other relevant documents (if any).

The agency submitting for review shall send the review documents to the Review Board or the main reviewing agency via electronic means, except for documents containing state secrets as stipulated by laws on protecting state secrets.

2. Contents for assessing national target programs and public investment programs include:

a) Compliance with legal provisions in the submitted dossier for examination;

b) The consistency of the program with the approved investment policy of the competent authority;

c) The contents of the feasibility study report on the program as prescribed in Clause 1, Article 47 of the Public Investment Law;

3. During the process of assessing public investment programs as stipulated in Clause 2 of this Article, the Assessment Council or the leading assessment agency shall review and compare with the provisions in the investment policy decision already approved by the competent authority.

Article 21. Documents and contents for assessing public investment projects

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

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

b) The feasibility study report on the project as prescribed in Clause 2, Article 47 of the Public Investment Law;

c) Other relevant documents serving the assessment of the public investment project (if any).

The agency submitting the application for assessment shall send the assessment documents to the Assessment Council or the leading assessment agency in electronic form, except for documents containing state secrets as prescribed by laws on protecting state secrets.

2. Contents for assessing public investment projects without construction components include:

a) Compliance with legal provisions in the submitted dossier for examination;

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

c) The contents of the feasibility study report on the project as prescribed in Clause 2, Article 47 of the Public Investment Law;

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

đ) The ripple effects of the project on the development of industries, sectors, regions, and localities; on increasing state revenue, employment, income, and people's livelihoods; impacts on the environment and sustainable development.

3. Contents for assessing public investment projects with construction components according to laws on construction, contents not specified in Clause 3 of this Article and other relevant legal provisions.

4. During the process of assessing public investment projects, the Assessment Council or the leading assessment agency must review and compare with the provisions in the investment policy decision already approved by the competent authority.

Article 22. Time for Reviewing Public Investment Programs and Projects

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

a) National Target Programs: Not exceeding 40 working days;

b) Public Investment Programs (excluding National Target Programs): Not exceeding 30 working days;

c) Group A Projects: Not exceeding 30 working days;

d) Group B and C Projects: Not exceeding 20 working days;

In case the documents are not valid or the contents in the feasibility study report of the program or project are inconsistent with the provisions of Article 47 of the Law on Public Investment, within no more than three working days from the date of receiving the documents, the Review Board or the competent authority shall issue written comments to the agency submitting the review to supplement the documents or complete the contents of the feasibility study report of the program or project.

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

Article 23. Documents Submitted to the Competent Authority for Investment Decision on Programs and Projects

1. Documents submitted to the competent authority for investment decision on programs and projects:

a) Proposal for the competent authority to make an investment decision on the program or project and the feasibility study report completed according to the review comments;

b) Decision on the policy to invest in the program or project;

c) Report on the review of the feasibility study report;

d) Other related documents (if any).

2. Documents submitted to the competent authority for investment decision on compensation, support, resettlement, and land clearance projects separated into independent projects in accordance with the Law on Public Investment:

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

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

c) Compensation, support, resettlement, and land clearance projects and remaining projects separated from national key projects, group A, B, and C projects in accordance with Clause 2, Article 6 of the Law on Public Investment shall be classified according to the classification of the project in the decision on the policy to invest.

Article 24. Contents and Time for Making Investment Decisions on Group A, B, and C Public Investment Programs and Projects

1. Contents of the investment decision on group A, B, and C public investment programs and projects:

a) The decision on a public investment program shall include the main contents: objectives, scope, and scale; total capital and resource structure for implementing the program including the project list, ability to balance public investment funds, mobilization of other sources of funds and resources; plan for allocating capital and progress of implementing the program; related costs during implementation and operational costs after the program ends; component projects of the program; organizational solutions for implementation;

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

c) The decision on a public investment project with construction components shall be carried out in accordance with the laws on construction.

2. Time for making investment decisions on programs and projects from the date when the competent authority for investment decision receives all valid documents as follows:

a) Public investment programs: Not exceeding ten working days;

b) Group A project: Not exceeding 07 working days;

c) Group B and C projects: Not exceeding 05 working days.

3. Within five working days from the date when the competent authority for investment decision on programs and projects:

a) Ministries, central agencies, and local agencies managing programs and projects using central government budget funds shall submit the investment decision on the program or project already approved by the competent authority to the Ministry of Finance;

b) Agencies managing programs and projects using state budget funds at various levels of localities shall submit the investment decision on the program or project already approved by the competent authority to the Department of Finance and the specialized agency managing investment at the same level.

Article 25. Content, procedure, and process for establishing, reviewing, and deciding to adjust public investment programs and projects groups A, B, and C

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

a) Organizing a comprehensive evaluation of the entire implementation process of the public investment program and project up to the time of proposing adjustments; reporting the results of the evaluation of the public investment program and project to the competent authority with the power to decide on investment;

b) Assigning specialized agencies to prepare the feasibility study report for adjusting the public investment program and project. The feasibility study report for adjusting the public investment program and project must clearly state the reasons for adjustment, ensuring compliance with the provisions of Article 46 of the Public Investment Law;

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

d) Completing the feasibility study report for adjusting the public investment program and project, submitting it to the competent authority with the power to decide on the adjustment of the program and project.

2. Procedure and process for reviewing and deciding to adjust the program:

a) The procedure for reviewing and deciding to adjust the national target program is carried out according to the provisions of Article 40 of the Public Investment Law;

b) The procedure for reviewing and deciding to adjust the public investment program decided on the investment policy by the Government is carried out according to the provisions of Article 41 of the Public Investment Law;

c) The procedure for reviewing and deciding to adjust the public investment program decided on the investment policy by the People's Council is carried out according to the provisions of Article 42 of the Public Investment Law.

3. Procedure and process for reviewing and deciding to adjust the project:

a) The procedure and process for reviewing and deciding to adjust the project without construction components are carried out according to the provisions of Clause 2, Article 43 of the Public Investment Law;

b) The procedure and process for reviewing and deciding to adjust the project with construction components are carried out according to the regulations of the Construction Law and other relevant laws.

4. Documents submitted to the competent authority for deciding to adjust the program and project include:

a) The proposal submitted to the competent authority for deciding to adjust the program and project, clearly stating the objectives and reasons for adjustment according to the provisions of Clauses 1 and 2, Article 46 of the Public Investment Law;

b) The feasibility study report for adjusting the program and project, including the contents of the adjusted feasibility study report as stipulated in Article 47 of the Public Investment Law;

c) The decision on the investment policy of the program and project; the decision on adjusting the investment policy of the program and project (if applicable);

d) The investment decision of the program and project; the previous investment decision of the adjusted program and project (if applicable);

đ) The internal review report proposing the adjustment of the program and project and other review reports as prescribed by law (if applicable);

e) The review, inspection, and assessment report on the implementation situation of the program and project according to the provisions of Clause 4, Article 46 of the Public Investment Law;

g) Other related documents (if applicable).

5. Content of the review for adjusting the program and project

a) The content of the review of the feasibility study report for adjusting the program corresponds to the contents prescribed in Clause 2, Article 20 of this Decree for the proposed adjustment contents;

b) The content of the review of the feasibility study report for adjusting the public investment project without construction components corresponds to the contents prescribed in Clause 2, Article 21 of this Decree for the proposed adjustment contents;

c) The content of the review of the feasibility study report for adjusting the public investment project with construction components is carried out according to the regulations of the Construction Law and other relevant laws.

Chapter IV

MANAGEMENT OF IMPLEMENTATION OF TASKS FOR INVESTMENT PREPARATION,TASKS FOR PLANNING AND PUBLIC INVESTMENT PROJECTS

WITHOUT CONSTRUCTION COMPONENTS

Article 26. Organizations managing the implementation of tasks for investment preparation, planning tasks, and public investment projects without construction components

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

2. Management costs for implementing planning tasks shall be carried out according to regulations on project management costs as stipulated by laws on construction.

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

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

5. For urgent projects without construction components:

a) The authority deciding to invest in the project decides on the organization of project management; supervising the implementation and final acceptance and handover of completed projects in accordance with the provisions of laws on public investment and other related laws;

b) The authority deciding to invest in the project may delegate the investor to decide and be responsible for organizing the implementation of the project from the project establishment phase to the completion and operation phase, and bear responsibility for the delegation.

Article 27. Project Design

1. The authority deciding to invest shall decide on the design scheme of the project to ensure effective implementation of the project. Specifically:

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

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

2. The contents of the project design scheme as stipulated in Clause 1 of this Article shall be implemented in accordance with specialized laws.

Article 28. Contents and Determination of Total Investment Cost of Projects

1. Preliminary total investment cost of the project is an estimated investment cost of the project determined in accordance with the contents of the feasibility study report of Group A projects, the proposal report for investment policy of Group B and C projects.

The preliminary total investment cost of the project is calculated based on the scale, capacity, or service capability of the project and the unit capital investment (if available) or data on costs of similar projects regarding type, scale, and nature of the project already or currently being implemented, adjusted and supplemented with necessary costs.

2. Total investment cost of the project is the entire investment cost of the project determined specifically in accordance with one-step design or two-step design as stipulated in Clause 1 of Article 27 of this Decree and other contents of the feasibility study report of the project.

3. Contents of the total investment costs:

a) Investment preparation costs;

b) Costs for purchasing assets, houses, land;

c) Costs for raw materials, spare parts, machine details to implement projects;

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

đ) Labor and wage costs for implementing the project;

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

g) Consulting costs including survey consulting costs, feasibility study report preparation costs, investment policy proposal report preparation costs, feasibility study report preparation costs, design costs, project supervision consulting costs, and other related consulting costs (if applicable);

h) Contingency costs including costs for unexpected work volume and cost contingency for inflation factors during the implementation period of the project;

i) Management costs and other cost components.

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

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

a) Costs for purchasing assets, houses, land are determined based on area, capacity, or service capability according to the basic design and in accordance with the time of preparing the total investment cost and the location of the project;

b) Costs for raw materials, spare parts, machine details (if applicable) to implement the project are calculated based on quantity, quality according to technical requirements and market prices;

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

d) Labor and wage costs are based on standards, norms, labor wages as stipulated by laws;

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

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

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

h) Management costs and other costs determined in accordance with the provisions of the law and the characteristics, management organization of the project.

Article 29. Content and determination of the project budget estimate

1. The project budget estimate is the total necessary costs to implement the project, determined at the project implementation stage in accordance with the feasibility study report of the project and the approved design, and other work requirements to be carried out.

2. The content of the project budget estimate includes the costs prescribed in Clause 3 of Article 28 of this Decree.

3. The project budget estimate is determined based on calculating the costs prescribed in Clause 3 of Article 28 of this Decree at the time of preparing the project budget estimate, and in accordance with the standards, norms, and methods issued by the competent authority.

Article 30. Competence to review and approve the design and budget estimate of the project

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

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

Article 31. Procedures, formalities, and time limit for reviewing the design and budget estimate of the project

1. The investor submits the design and project budget estimate documents to the unit entrusted with the task of review in accordance with the contents specified in Article 32 of this Decree.

2. The unit entrusted with the task of review, in collaboration with relevant agencies, organizes the review of the design and budget estimate contents in accordance with Articles 27 and 29 of this Decree. During the review process, the leading review agency may invite organizations or individuals with relevant expertise and experience to participate in the review of parts of the project's design and investment budget estimate to assist their review work.

3. The time limit for the unit entrusted with the task of review to complete the review of the design and investment budget estimate, starting from the date of receiving all valid documents, is as follows:

a) For Class A projects: Not exceeding 25 working days;

b) For Class B projects: Not exceeding 20 working days;

c) For Class C projects: Not exceeding 10 working days.

Article 32. Content for Review and Approval of Project Design and Budget Estimate

1. The content for reviewing project design and budget estimate includes the contents stipulated in Articles 27 and 29 of this Decree and the contents stipulated in Clause 2 of this Article.

2. The content for approving project design and budget estimate includes:

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

b) Scale, technology, technical parameters and main economic and technical indicators of the project;

c) National technical standards and main standards applied;

d) Main design solutions of the project component and the entire project;

đ) Investment budget estimate of the project;

e) Requirements to complete and supplement design documents and other contents (if applicable).

3. Time limit for approving project design and budget estimate: The competent authority approving project design and budget estimate shall make the approval within the following time limits from the date of receipt of complete and valid documents:

a) For Group A projects: Not exceeding 10 working days;

b) For Group B projects: Not exceeding 7 working days;

c) For Group C projects: Not exceeding 3 working days.

Article 33. Documents for Reviewing Project Design and Budget Estimate

1. Petition for reviewing project design.

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

3. Copy of the decision on investment orientation of the project (except for projects not required to obtain an investment orientation decision according to Clause 6, Article 19 of the Public Investment Law) and the investment decision attached with the approved design documents.

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

5. Investment budget estimate of the project.

Article 34. Acceptance and Commissioning of Projects for Operation

1. A project is put into operation when it has been completed according to the approved design, operates in accordance with technical requirements, and passes acceptance inspection meeting quality requirements.

2. Depending on the specific conditions of each project, individual components, sub-projects, or the entire completed project may be handed over for operation and use.

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

4. Completed projects must undergo settlement of project completion expenditures according to regulations.

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

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

Article 35. Completion of Project Investment

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

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

Article 36. Operation of Projects

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

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

Chapter V

PROCEDURE AND PROCEDURES FOR IMPLEMENTING INVESTMENT FOR ENTITIES

INTEREST SUBSIDY ON PREFERRED LOANS, MANAGEMENT FEES; CAPITAL ALLOCATION

FOR POLICY BANKS, STATE FINANCIAL FUNDS

OUTSIDE THE BUDGET; INVESTMENT SUPPORT FOR ENTITIES

UNDER OTHER POLICIES AS DECIDED BY THE GOVERNMENT OR

||| DECISION OF THE CHAIRMAN OF THE GOVERNMENT

Article 37. Procedures and formalities for implementing medium-term state investment capital, interest subsidy on preferential credit, and management fees for policy banks

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

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

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

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

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

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

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

g) Management solutions, organization of implementation, and anticipated results.

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

3. The procedures for establishing, approving, and assigning the medium-term state investment plan for capital, interest subsidy on preferential credit, and management fees for policy banks are carried out in accordance with Article 59 of the Investment Law.

Article 38. Procedures and formalities for implementing annual state investment plans for capital, interest subsidy on preferential credit, and management fees for policy banks

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

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

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

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

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

đ) Anticipated credit capital plan;

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

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

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

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

3. The procedures for establishing, approving, and assigning the annual state investment plan for capital, interest subsidy on preferential credit, and management fees for policy banks are carried out in accordance with Article 60 of the Investment Law.

Article 39. Interest Subsidy for Commercial Banks

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

2. The procedures for preparing and approving medium-term and annual interest subsidy plans for commercial banks shall be reported and implemented by the State Bank of Vietnam according to the provisions of Articles 59 and 60 of the Public Investment Law.

Article 40. Procedures for Implementing Medium-Term Capital Subscription Plans for State Financial Funds Outside the Budget

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

a) The implementation situation and management and utilization results of subscribed capital at state financial funds outside the budget in the previous period;

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

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

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

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

e) Implementation solutions and expected outcomes.

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

a) Based on the Prime Minister's directive under Article 59 of the Public Investment Law, state financial funds outside the budget shall prepare the medium-term public investment plan for subscribed capital, report it to the specialized agency managing public investment of the ministry, central agency, or locality assigned as the main manager of the state financial fund outside the budget for review;

b) The specialized agency managing public investment of the ministry, central agency, or locality shall be responsible for completing the report on the medium-term public investment plan for subscribed capital for subordinate state financial funds outside the budget according to the contents stipulated in Clause 1 of this Article, consolidate it into the medium-term public investment plan of the ministry, central agency, or locality, and submit it to the Ministry of Finance.

3. The preparation of the medium-term public investment plan for subscribed capital of state financial funds outside the budget shall be carried out according to the provisions of Article 59 of the Public Investment Law.

Article 41. Procedures for Implementing Annual Capital Subscription Plans for State Financial Funds Outside the Budget

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

a) Management and utilization situation and results of subscribed capital in the year prior to the planning year of state financial funds outside the budget;

b) Orientation for capital subscription in the planning year, capital subscription needs of state financial funds outside the budget;

c) Estimated total amount and structure of resources, mobilization of other legitimate sources of capital for capital subscription;

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

đ) Operational control measures, organization of implementation, and expected outcomes.

2. Procedures for preparing the report on the implementation of the annual capital subscription plan for state financial funds outside the budget:

a) Based on the approved medium-term public investment plan and the Prime Minister's regulations under Article 60 of the Public Investment Law, state financial funds outside the budget shall prepare the annual public investment plan for subscribed capital, report it to the specialized agency managing public investment of the ministry, central agency, or locality assigned as the main manager of the state financial fund outside the budget for review;

b) The specialized agency managing public investment of the ministry, central agency, or locality shall be responsible for completing the report on the annual public investment plan for subscribed capital for subordinate state financial funds outside the budget according to the contents stipulated in Clause 1 of this Article, consolidate it into the annual public investment plan of the ministry, central agency, or locality, and submit it to the Ministry of Finance.

3. The preparation of the annual public investment plan for subscribed capital of state financial funds outside the budget shall be carried out according to the provisions of Article 60 of the Public Investment Law.

Article 42. Investment support for other subjects according to the Government's decision, the Prime Minister's decision

1. Based on the tasks assigned by the competent authority, ministries, central agencies, and localities organize the preparation, review, and submission to the Government and the Prime Minister for the decision on investment support for other subjects, including mechanisms for using public investment capital for other subjects.

2. The procedures for preparing and reviewing reports on the medium-term and annual public investment plans for investment support for other subjects according to the Government’s Decree, the Prime Minister’s Decision:

a) Based on the directives and regulations of the Prime Minister as stipulated in Articles 59 and 60 of the Public Investment Law; the leading agency responsible for implementing policies prepares the medium-term and annual public investment plans for investment support for policy subjects according to the Government's decision, the Prime Minister's decision, and reports to the competent authority for consideration, proposing the medium-term and annual public investment plans; sends to the Ministry of Finance.

b) The procedures for preparing the medium-term and annual public investment plans for investment support for policy subjects according to the Government's decision, the Prime Minister's decision shall be carried out in accordance with Articles 59 and 60 of the Public Investment Law.

Chapter VI

PREPARATION, APPROVAL, ASSIGNMENT, IMPLEMENTATION AND MONITORING,

INSPECTION, EVALUATION OF PUBLIC INVESTMENT PLANS

Article 43. Procedures for preparing, approving, and assigning the medium-term state budget public investment plan

2. Before July 1 of the fourth year of the medium-term public investment plan, the Ministry of Finance reports to the Government for submission to the Standing Committee of the National Assembly for approval of principles, criteria, and allocation standards for the medium-term public investment plan for the subsequent phase.

3. Based on the Standing Committee of the National Assembly's regulations, the Prime Minister's regulations, ministries, and central agencies have the responsibility:

a) To instruct specialized agencies managing public investment to guide subordinate agencies and units in preparing detailed needs for the medium-term public investment plan for the subsequent phase according to each source of capital, level of capital for each program, task, project, and other public investment objects;

4. Based on the Standing Committee of the National Assembly's regulations, the Prime Minister's regulations, provincial People's Committees have the responsibility:

a) To guide agencies and units at the local level in preparing detailed needs for the medium-term public investment plan for the subsequent phase;

b) To instruct specialized agencies managing public investment at the provincial level to consolidate detailed needs for the provincial medium-term public investment plan for the subsequent phase according to each source of capital, level of capital for each program, task, project, and other public investment objects, and submit to the Provincial People's Committee for submission to the Provincial People's Council for comments on the needs for the medium-term public investment plan for the subsequent phase;

5. Before December 15 of the fourth year of the medium-term public investment plan, the Ministry of Finance submits to the Government for the forecast of the state budget's ability to balance for development investment expenditure in the subsequent phase for each ministry, central agency, and locality; the Prime Minister announces the total amount of public investment capital for the subsequent phase to each ministry, central agency, and locality.

6. Based on the forecast of the state budget's ability to balance for public investment expenditure in the subsequent phase approved by the Government, ministries, and central agencies have the responsibility:

a) To announce the forecast of the state budget's ability to balance for public investment expenditure in the subsequent phase for each subordinate agency and unit as the basis for preparing the detailed forecast of the medium-term public investment plan for the subsequent phase according to each source of capital, level of capital for each program, task, project, and other public investment objects within their management scope;

7. Based on the forecast of the state budget's ability to balance for public investment expenditure in the subsequent phase approved by the Government, provincial People's Committees have the responsibility:

b) To instruct specialized agencies managing public investment at the provincial level to consolidate the detailed forecast of the provincial medium-term public investment plan for the subsequent phase according to each source of capital, level of capital for each program, task, project, and other public investment objects, and submit to the Provincial People's Committee for submission to the Provincial People's Council for comments before July 31 of the fifth year of the previous medium-term public investment plan phase;

8. The Ministry of Finance shall take the lead and coordinate with relevant agencies to compile and submit to the Government for presentation to the National Assembly at its final session of the fifth year of the term of the National Assembly on the draft mid-term public investment plan for the subsequent phase so that the National Assembly can provide comments on the contents as prescribed in Article 52 of the Public Investment Law.

9. Based on the opinions of the National Assembly at the end of the fifth year of the term of the National Assembly, ministries and central agencies shall be responsible for:

a) Directing subordinate agencies and units to complete the detailed mid-term public investment plan for the subsequent phase according to each source of capital and level of capital for each program, task, project within their management scope;

10. Based on the opinions of the National Assembly at the end of the fifth year of the term of the National Assembly, provincial People's Committees shall be responsible for:

a) Directing subordinate agencies and units to complete the detailed mid-term public investment plan for the subsequent phase, submitting it to the specialized agency managing public investment at the provincial level to compile the detailed mid-term public investment plan for the province for the subsequent phase according to each source of capital and level of capital for each program, task, project, and other public investment objects, and submitting it to the provincial People's Committee for submission to the Provincial People's Council for approval before March 10 of the first year of the mid-term public investment plan;

Article 44. Procedures for Establishing, Approving, and Assigning Annual Public Investment Plans Using State Budget Funds

1. Before May 15 each year, the Prime Minister shall issue regulations on the establishment of development plans and state budget estimates for the following year, including objectives, main directions, and assignments for implementing the preparation of the annual public investment plan for the following year.

Article 45. Establishing medium-term investment plans with funds from legitimate revenues of state agencies and public service units designated for investment.

1. Based on the directives of the Prime Minister as stipulated in Article 59 of the Public Investment Law, ministries, central agencies, and provincial People's Committees shall guide state agencies and public service units using funds from legitimate revenues designated for investment to establish medium-term investment plans, report to ministries, central agencies, and directly managing provincial People's Committees for consolidation, report to the Ministry of Finance for consolidation, and report to the Government and National Assembly.

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

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

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

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

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

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

e) List of investment projects in priority order consistent with the ability to balance capital and project implementation progress;

g) Expected outcomes.

Article 46. Establishing, reviewing, approving, and assigning annual investment plans with funds from legitimate revenues of state agencies and public service units designated for investment.

1. Based on the regulations of the Prime Minister as stipulated in Article 60 of the Public Investment Law, ministries, central agencies, and provincial People's Committees shall guide state agencies and public service units using funds from legitimate revenues designated for investment to establish annual investment plans and submit them to ministries, central agencies, and directly managing People's Committees at all levels for consideration and decision. The content of the annual investment plan report using funds from legitimate revenues designated for investment shall be in accordance with Article 53 of the Public Investment Law.

Ministries, central agencies, and provincial People's Committees have the responsibility to consolidate annual investment plans with funds from legitimate revenues of state agencies and public service units designated for investment, and send them to the Ministry of Finance before July 31 of the year preceding the planning year for consolidation and reporting to the Government and National Assembly.

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

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

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

5. Ministries, central agencies, and provincial People's Committees shall consolidate detailed allocation schemes for annual investment plans with funds from legitimate revenues of state agencies and public service units designated for investment, and send them to the Ministry of Finance within three working days from the date of assignment of the annual investment plan.

Article 47. Time for Allocation of Capital to Implement Projects

1. The time for allocation of capital to implement projects and the extension of the time for allocation of capital to implement projects shall be governed by Article 57 of the Law on Public Investment.

a) Justification for the necessity to extend the time for allocation of capital, ensuring that the project proposed to extend the time for allocation of capital no longer has obstacles and can be implemented and completed within the extended allocation time.

b) A plan to ensure sufficient allocation of state budget funds within the total investment ceiling and annual state budget plan according to each source of central and local government budgets for the project.

Article 48. Implementation of the Annual Public Investment Plan

1. Ministries, central agencies, and localities are responsible for completing the detailed allocation of the annual public investment plan from the state budget, the list and amount of capital allocated for each task and project before December 31 of the year preceding the planning year; report the results of the detailed allocation of the plan to the Ministry of Finance before January 10 of the planning year.

2. The Ministry of Finance shall review the reports on the allocation of the annual public investment plan from the state budget of ministries, central agencies, and localities. In case of discovering incorrect allocations in total amounts and details according to each field and task of the annual public investment plan from the state budget that has been assigned, failing to meet the requirements stipulated by public investment laws, it shall provide comments in writing to ministries, central agencies, and localities within ten working days from the date of receipt of their allocation reports and carry out procedures for expenditure control.

3. In cases where ministries, central agencies, and localities fail to fully allocate the central government budget investment plan assigned to them, the Ministry of Finance shall be responsible for compiling, reporting to the competent authority for consideration and decision on recovery and reallocation to other ministries, central agencies, and localities with needs before June 30 of the planning year.

4. Heads of ministries, central agencies, and localities are responsible for directing and managing measures to accelerate the disbursement progress of the annual public investment plan, ensuring full disbursement of the assigned investment plan according to the provisions of the Law on Public Investment.

In cases where the annual central government budget investment plan is not fully disbursed, it is not permitted to extend the implementation and disbursement of the investment plan to the next year; ministries, central agencies, and localities are responsible for allocating sufficient funds in the annual central government budget investment plans of subsequent years to complete tasks and projects according to schedule, without causing arrears in construction works.

Article 49. Reporting to the Competent Authority on the Implementation of Public Investment Plans

1. Ministries, central agencies, and provincial People's Committees shall report in detail on the implementation and disbursement status of the capital assigned in the medium-term public investment plan and the annual public investment plan, to be sent to the Ministry of Finance as follows:

a) Before July 31 of the third year of the medium-term public investment plan, report on the implementation and cumulative disbursement status of the capital assigned in the medium-term public investment plan up to the end of the second quarter of the third year of the medium-term public investment plan;

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

c) The situation of implementation and disbursement of the annual public investment plan:

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

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

Before July 10 of the planning year, report in detail on the cumulative disbursement status of projects for the first six months of the year;

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

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

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

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

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

2. The Ministry of Finance shall regularly report to the Prime Minister:

a) Monthly, quarterly, annually, mid-term, and over a five-year period, report on the cumulative disbursement status of the capital assigned in the medium-term public investment capital plan and the implementation and disbursement status of the annual public investment plan funded by the state budget;

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

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

4. The reporting on the implementation of the medium-term and annual public investment plans at various levels and sectors in localities shall be carried out according to the following regulations:

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

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

1. The head of ministries, central agencies, and provincial People's Committees shall base on necessity and requirements regarding the progress and disbursement of projects to instruct specialized agencies managing public investment to review and propose adjustment schemes for the medium-term and annual state budget investment plans of their agencies and localities, and submit them to competent authorities for decision-making in accordance with Article 71 of the Public Investment Law.

2. At all levels, People's Committees shall base on necessity and requirements regarding the progress and disbursement of projects to instruct specialized agencies managing public investment to review and propose adjustment schemes for the medium-term and annual local budget investment plans, and submit them to competent authorities for decision-making in accordance with Article 71 of the Public Investment Law.

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

Article 51. Principles for monitoring and evaluating the public investment plan

1. Principles for monitoring the public investment plan:

a) Systematically monitor and update information and data related to the organization and implementation of the public investment plan, including monitoring programs and projects approved in the public investment plan;

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

2. Principles for evaluating the public investment plan:

a) Base on the objectives and tasks of the public investment plan approved by competent authorities;

b) Evaluate the economic and social effectiveness according to the goals set forth in the investment policy decisions and investment decisions of programs and projects;

c) Ensure objectivity, transparency, and enhance accountability in evaluating the public investment plan;

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

Article 52. Monitoring, inspecting, and evaluating the public investment plan

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

a) Monitor and inspect the establishment, examination, approval, allocation, and implementation of the public investment plan in accordance with Article 73 of the Public Investment Law;

b) The Ministry of Finance shall guide ministries, central agencies, and localities to monitor and inspect the medium-term and annual public investment plans in accordance with laws on public investment;

c) Ministries and central agencies shall organize monitoring of the implementation of the medium-term and annual public investment plans based on the guidance of the Ministry of Finance, including detailed information on the implementation and disbursement of investment projects under the medium-term and annual public investment plans managed by ministries and central agencies;

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

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

2. Evaluating the implementation of the public investment plan:

a) Ministries, central agencies, and provincial People's Committees shall evaluate the implementation of the medium-term and annual public investment plans in accordance with Article 74 of the Public Investment Law; regularly submit reports on the implementation status and achievements, shortcomings, and limitations of the medium-term and annual public investment plans to the Ministry of Finance;

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

c) At all levels, People's Committees shall organize evaluations of the implementation of the public investment plan in accordance with the guidance of the Ministry of Finance and provincial People's Committees.

Article 53. National Information System and Database on Public Investment

a) Information and data collected and stored in the National Information System and Database on Public Investment shall be original information, data, and documents of programs, projects, and public investment plans. In cases where paper-based figures differ from those on the System, the information on the System shall serve as the basis for establishing, reviewing, allocating, adjusting medium-term and annual public investment plans, reporting on the implementation of public investment plans, monitoring, and evaluating public investment programs and projects;

b) Public investment projects shall not be disbursed if they do not have a list and figures of allocated public investment plans on the System;

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

d) Organizations and individuals using the System must use digital signatures to confirm information and data updates in the national database on public investment and submit reports on the System;

đ) The provisions of this Article shall not apply to projects with state secrecy requirements.

2. Provisions on Account Usage:

a) Accounts for usage shall be centrally managed on the System established by the Ministry of Finance;

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

c) Ministries, central agencies, and localities shall be issued accounts to use the System to monitor and update information related to their public investment programs, projects, and plans.

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

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

c) Báo cáo tình hình thực hiện kế hoạch đầu tư công;

d) Theo dõi, đánh giá chương trình, nhiệm vụ, dự án đầu tư công;

đ) Quản lý, lưu trữ, công khai dữ liệu theo quy định.

Chương VII

ĐIỀU KHOẢN THI HÀNH

Điều 54. Điều khoản chuyển tiếp

Đối với chương trình, dự án đã được trình cấp có thẩm quyền thẩm định, quyết định chủ trương đầu tư, quyết định đầu tư; thẩm định, quyết định điều chỉnh chủ trương đầu tư, điều chỉnh quyết định đầu tư; và thẩm định thiết kế và dự toán dự án không có cấu phần xây dựng trước ngày Nghị định này có hiệu lực thì thời gian thẩm định, quyết định chủ trương đầu tư, quyết định đầu tư, thẩm định, quyết định điều chỉnh chủ trương đầu tư, điều chỉnh quyết định đầu tư, thẩm định thiết kế và dự toán dự án không có cấu phần xây dựng thực hiện theo quy định của Nghị định số 40/2020/NĐ-CP ngày 06 tháng 4 năm 2020 của Chính phủ quy định chi tiết thi hành một số điều của Luật Đầu tư công.

Điều 55. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành kể từ ngày ký ban hành.

2. Đối với dự án không có cấu phần xây dựng, việc lập, thẩm định, phê duyệt, tổ chức quản lý thực hiện theo quy định của pháp luật chuyên ngành. Trường hợp pháp luật chuyên ngành chưa có quy định, áp dụng quy định tại Nghị định này.

Điều 56. Trách nhiệm thi hành

1. Bộ Tài chính hướng dẫn thực hiện lập, giao, điều chỉnh, theo dõi, đánh giá kế hoạch, chương trình, nhiệm vụ, dự án đầu tư công trên Hệ thống thông tin và cơ sở dữ liệu quốc gia về đầu tư công.