Circular No. 99/2017/TT-BQP guiding certain contents regarding investment supervision and evaluation work in the Ministry of National Defense

CIRCULAR

Guidelines on certain aspects of investment supervision and evaluation work within the Ministry of National Defense

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

Pursuant to the Law on Construction promulgated on June 18, 2014;

On the basis of the Investment Law dated November 26, 2014;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on investment supervision and evaluation;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Department of Planning and Investment under the Ministry of National Defense;

The Minister of National Defense issues this Circular guiding certain aspects of investment supervision and evaluation work within the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the implementation of certain aspects of investment supervision and evaluation work within the Ministry of National Defense, including: authority, responsibilities, contents of implementation; methods; costs in implementing investment supervision and evaluation work for programs and projects under the management authority of the Ministry of National Defense.

2. This Circular does not apply to:

a) Programs and projects invested through public-private partnership.

b) Programs and projects invested abroad.

Article 2. Applicability

This Circular applies to subjects performing investment supervision and evaluation work within the Ministry of National Defense; agencies, organizations, and individuals related to investment activities using state capital of programs and projects under the management authority of the Ministry of National Defense.

Article 3. Explanation of Terms

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

Clause 1. The unit carrying out the task of investment supervision and evaluation of the lead unit (hereinafter referred to as the investment supervision and evaluation agency of the lead unit) is an organization under the lead unit assigned to carry out the task of supervising and evaluating investment projects.

Clause 2. "User entity within the Ministry of National Defense" is an agency or unit under the Ministry of National Defense assigned to manage and operate projects under the management authority of the Ministry of National Defense.

Clause 3. "Public investment program within the Ministry of National Defense" (abbreviated as program) is a set of objectives, tasks, and solutions aimed at implementing the objectives determined in the national defense strategy.

Clause 4. "Agency assigned to prepare investment projects" is an agency or unit under the Ministry of National Defense assigned to prepare the Preliminary Feasibility Study Report or the Proposal for Investment Policy Decision or the Detailed Feasibility Study Report of the project.

Clause 5. "Specialized agency managing public investment of the Ministry of National Defense" is an agency assigned to perform the function of managing public investment of the Ministry of National Defense (hereinafter referred to as the State agency managing public investment of the Ministry of National Defense).

Clause 6. "Evaluation of programs and investment projects" is a periodic or ad hoc activity aimed at determining the degree of achievement according to specific goals and indicators compared to the investment decision or state-defined evaluation standards at a certain point in time.

Clause 7. "Public investment project within the Ministry of National Defense" is a public investment project under the management authority of the Ministry of National Defense.

Clause 8. "Investment supervision within the Ministry of National Defense" is an activity of monitoring and inspecting investments, including supervision of investment programs and projects and overall supervision of public investment programs and projects under the management authority of the Ministry of National Defense.

Clause 9. "Investment effectiveness" is the degree of achievement of the goal for the project's results.

Clause 10. "Public investment activities of the Ministry of National Defense" include: establishment, review, and decision on investment policy; establishment, review, and decision on public investment programs and projects; establishment, review, approval, allocation, and implementation of public investment plans; management and use of public investment capital; monitoring and evaluation, inspection, and audit of plans, programs, and projects using public investment capital in programs and projects under the management authority of the Ministry of National Defense.

Clause 11. "Detailed Implementation Plan of the Project" is the annual project implementation plan built in accordance with the annual capital plan index and approved by the investor in compliance with the overall project implementation plan.

Clause 12. "Overall Implementation Plan of the Project" is a detailed plan specifying the sources of resources used, progress schedule, completion deadline, quality target, and acceptance criteria for each project activity serving as a basis for monitoring and evaluation prepared by the project management board before project implementation and must be approved by the agency deciding to establish the project management board or the investor.

Clause 13. "Project logical framework" is a summary table of the main results of the project approved based on the investment policy approval decision, investment decision, and Detailed Feasibility Study Report of the project serving as the basis for building the monitoring framework and evaluation framework stipulated in Appendix II issued together with this Circular.

Clause 14. "Inspection of programs and investment projects within the Ministry of National Defense" is a periodic or ad hoc activity aimed at inspecting the compliance with regulations on managing programs and projects under the management authority of the Ministry of National Defense; promptly identifying any errors or weaknesses in program and project management as prescribed by law; recommending competent authorities to handle any difficulties, arising issues, or actions violating program and project management regulations; supervising the handling and compliance with measures addressing identified issues.

Clause 15. "Monitoring of programs and investment projects" is a regular and periodic activity to update information related to the implementation situation of programs and projects; compiling, analyzing, and evaluating information, proposing solutions to serve decision-making by management levels to ensure that programs and projects are implemented in accordance with their objectives, on schedule, ensuring quality, and within the defined resource framework.

Article 4. Principles and requirements for investment monitoring and evaluation work

Investment monitoring and evaluation shall be carried out in accordance with the principles stipulated in Article 4 of Decree No. 84/2015/NĐ-CP and the following requirements:

1. There shall be no overlap between the monitoring and evaluation work of investment programs and projects and specialized monitoring and evaluation work.

2. The implementation of monitoring and evaluation work must be based on a monitoring and evaluation framework established by the investor before implementing the investment project.

3. The investor is responsible for providing valid documents as the basis for monitoring and evaluating investment programs and projects according to the requirements of the competent authority for monitoring and evaluation.

Chapter II

AUTHORITY, RESPONSIBILITY AND CONTENT OF IMPLEMENTATION OF MONITORING AND EVALUATION OF INVESTMENT PROGRAMS AND PROJECTS

Section 1

MINISTRY OF NATIONAL DEFENSE

Article 5. Authority and general responsibility

Implementing organizations shall monitor and evaluate investment programs and projects under the decision-making authority of the Ministry of National Defense regarding investment policies as stipulated in Article 60 of Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on Monitoring and Evaluation of Investments (hereinafter referred to as Decree No. 84/2015/NĐ-CP); specific responsibilities include the following:

1. In investment monitoring work

a) For tracking work

- Carry out overall investment tracking, program, and project tracking within the authority and responsibility of the Ministry of National Defense, the investment decision-maker, the management agency, and the program leader.

- Assign the State Management Agency for Public Investment of the Ministry of National Defense to track.

b) For inspection work

Approve the annual inspection plan for overall investment, programs, and projects in accordance with the contents specified in Appendix II issued under this Circular, suitable to the scale, nature of the programs and projects, and the financial capacity of the Ministry of National Defense.

c) Conduct inspection of investment programs and projects as follows:

- Inspect at least once for programs and projects with an investment duration exceeding 12 months or when adjustments to the programs and projects change the location, objectives, scale, or increase the total investment amount compared to the approved investment decision.

- Inspect according to the plan or unexpectedly during the investment process based on the contents and indicators approved in the investment policy decision document and the investment decision document.

In each specific case, the Ministry of National Defense authorizes the Planning and Investment Department/BQP to lead and coordinate with relevant agencies to conduct inspections.

2. In investment evaluation work:

a) Approve the annual plan for overall investment evaluation, impact assessment, and sudden assessment of investment programs and projects under its management, suitable to the scale, nature of the programs and projects, and the financial capacity of the Ministry of National Defense.

b) Implementation organization: Organize impact assessments and sudden assessments of investment programs and projects as prescribed in Clause 6, Article 3 of this Circular and implement other types of evaluations as prescribed in Clause 4, Article 2 of Decree No. 84/2015/NĐ-CP when necessary.

c) Other issues

- The Planning and Investment Department/BQP, which is the State Management Agency for Public Investment of the Ministry of National Defense, shall carry out impact assessments of investment programs and projects as stipulated in this Clause.

In each specific case, assign or authorize the user or the specialized agency under the Ministry of National Defense to organize impact assessments of investment programs and projects decided by the Ministry of National Defense.

- Decide whether the investor can hire competent consultants to evaluate the investment project if they are the investment decision-makers.

Article 6. Content of supervision and evaluation of investment

1. Content of investment supervision: carried out in accordance with the provisions of Article 7, Article 15, and Article 16 of Decree No. 84/2015/NĐ-CP.

2. Content of investment evaluation: carried out in accordance with the provisions of Article 81 of the Public Investment Law.

Article 7. Reporting System

Implement the system of reporting on overall supervision and evaluation every six months and annually, and report on foreign investment activities annually to the Government in accordance with Clause 2 of Article 68 of Decree No. 84/2015/NĐ-CP.

Section 2

SUPERVISION AND EVALUATION AGENCY OF PUBLIC INVESTMENT OF THE MINISTRY OF NATIONAL DEFENSE

Article 8. The main agency for supervising and evaluating public investment of the Ministry of National Defense

The Planning and Investment Department/MND is the main agency for supervising and evaluating public investment of the Ministry of National Defense, exercising the authority and responsibility to supervise and evaluate programs and projects under the jurisdiction and responsibility of the Ministry of National Defense.

Article 9. Tasks and powers of the main agency for supervising and evaluating public investment of the Ministry of National Defense

1. Tasks

a) Lead and coordinate with relevant agencies to perform the tasks of supervising and evaluating programs and projects within the management authority of the Ministry of National Defense as stipulated in Clause 4 of Article 5 and Clause 3 of Article 12 of Decree No. 84/2015/NĐ-CP;

b) Develop plans for monitoring, inspecting, and evaluating investment programs and projects, and organize the implementation of monitoring, inspection, and evaluation work for investment programs and projects within the scope of responsibility of the State management agency for public investment of the Ministry of National Defense;

c) Assign specific departments and staff responsible for monitoring, inspecting, and evaluating investment programs and projects, and for overall monitoring, inspection, and evaluation of investment;

d) Establish a system for providing and storing information on investment situations within the scope of the Ministry of National Defense;

đ) Collect, review, and analyze information, reports, and related information to serve the monitoring, inspection, and evaluation of investment projects; prepare reports on the supervision and evaluation of investment programs and projects for submission to the Ministry of National Defense for consideration.

2. Authorities

a) Require agencies and units to implement supervision and evaluation of investment projects at direct subordinate units of the Ministry of National Defense, project sponsors, users, project management boards, and agencies assigned to prepare investment projects to report according to prescribed regulations and provide additional information and documents related to the supervision and evaluation of investment projects if necessary.

b) In cases where necessary, directly communicate via telephone or on-site with units implementing supervision and evaluation tasks at direct subordinate units of the Ministry of National Defense to clarify issues related to the monitoring, inspection, and evaluation of investment projects. On-site work must be planned with specific content and must be notified in advance to relevant agencies and units.

c) Recommend competent authorities to temporarily suspend or halt the implementation of investment projects or revoke investment decisions identified during the supervision and evaluation of investment projects that have serious violations. Report to the Ministry of National Defense on violations of supervision and evaluation regulations by project sponsors, relevant agencies, and units, and recommend measures for handling based on the severity of the violations.

Article 10. Responsibilities of the Leading Agency for Supervision and Evaluation of Public Investment under the Ministry of National Defense

1. Organize the implementation of monitoring the entire process of investment in programs and projects in accordance with Clause 3 and Clause 7, Article 3 of this Circular.

2. Take the lead in organizing the implementation of inspection and evaluation of programs and projects according to plans or at random.

3. Decide to conduct evaluations other than those prescribed in Clause 4, Article 2 of Decree No. 84/2015/ND-CP when necessary.

4. Assist the Minister of National Defense in implementing the reporting system to the Government (through the Ministry of Planning and Investment) on supervision and overall evaluation of public investment every six months and annually, and annual activities of overseas investment in accordance with Clause 2, Article 68 of Decree No. 84/2015/ND-CP.

5. Exercise the authority of the Ministry of National Defense in cases where it is assigned to implement the contents stipulated in Article 5 of this Circular.

6. Build and manage the electronic information system for supervision and evaluation of Programs and Projects within the scope of the Ministry of National Defense in accordance with state regulations and the Ministry of National Defense.

7. Organize training and capacity building for supervision and evaluation of public investment within the Ministry of National Defense.

Article 11. Contents of Supervision and Evaluation of Public Investment

1. The contents of supervision and evaluation of public investment shall be carried out as follows:

a) Content of investment supervision: Implemented in accordance with Article 9 and Article 16 of Decree No. 84/2015/ND-CP.

b) Content of investment evaluation: Implemented in accordance with Article 81 of the Law on Public Investment.

2. In cases where the Ministry of National Defense assigns in accordance with Article 5 of this Circular, the contents of supervision and evaluation of public investment shall be implemented in accordance with Articles 6, 7, and 8 of this Circular.

Article 12. Reporting System

1. Implement the reporting system to the Minister of National Defense on the overall supervision and evaluation work periodically every six months and annually.

2. The reporting system for overall supervision and evaluation of public investment every six months and annually shall be implemented in accordance with Clause 1, Article 2 of Circular No. 22/2015/TT-BKHĐT dated December 18, 2015 of the Ministry of Planning and Investment on the Model Report on Supervision and Evaluation of Public Investment (hereinafter referred to as Circular No. 22/2015/TT-BKHĐT).

3. Reporting deadline: Implemented in accordance with Clause 4, Article 69 of Decree No. 84/2015/ND-CP.

Section 3

MAIN UNIT UNDER THE MINISTRY OF NATIONAL DEFENSE

Article 13. Main Unit Under the Ministry of National Defense

The unit under the Ministry of National Defense specified in Article 3 of Decree No. 35/2013/ND-CP dated April 22, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense, and belonging to the objects authorized by the regulations of the Ministry of National Defense on the delegation of decision-making power on investment within the Ministry of National Defense.

Article 14. Rights and Responsibilities in Implementing Supervision and Evaluation of Investment Projects

1. Organize the implementation of supervision and evaluation of projects under programs and projects in accordance with the rights and responsibilities of their units.

2. Delegate agencies or organizations of their units to perform supervisory and evaluation tasks of their level and related contents in cases of delegation.

3. Coordinate with the leading agency to carry out supervisory and evaluation tasks of public investment of the Ministry of National Defense, deploy the electronic information system for supervisory and evaluation of investment projects within the Ministry of National Defense.

4. In cases where the head of the main unit is the investor, the investor may engage competent consultants to evaluate the investment project.

Article 15. Rights and responsibilities for supervising investment projects

1. Monitoring work

a) For investment projects decided by the Minister of National Defense: Implement monitoring of the investment process within the scope of authority delegated to the Minister of National Defense for approved indicators in the decision on investment policy and investment decision, and perform the function of the managing agency in the investment decision of the Ministry of National Defense. The head of the main unit under the Ministry of National Defense is responsible to the Minister of National Defense and the law for the performance of the unit's tasks.

b) For investment projects authorized to decide: Organize implementation or assign units to carry out supervision and evaluation tasks according to the approved indicators in the investment decision. In cases where they are assigned as the component project owner of the investment program, implement according to the provisions of Clause 1, Article 8 of Decree No. 84/2015/NĐ-CP.

2. Inspection work

a) Build and approve annual inspection plans for investment projects authorized to decide, in accordance with the scale, nature of the project, and the financial capacity of the level authorized by the Ministry.

b) Coordinate with the Department of Planning and Investment/MND and relevant agencies to inspect investment projects decided by the Ministry of National Defense.

c) For investment projects authorized to decide:

- Inspect at least once for projects with an investment duration exceeding 12 months, when adjusting the project changes location, objectives, scale, or increases total investment within the management scope of the main unit. In cases where they are assigned as the component project owner of the investment program, implement according to the provisions of Clause 2, Article 8 of Decree No. 84/2015/NĐ-CP.

- Inspect according to the plan or unexpectedly during the investment process based on the contents and indicators approved in the investment policy decision document and the investment decision document.

- Coordinate with the State management agency for public investment of the Ministry of National Defense to inspect investment projects upon request of the Ministry of National Defense or the State management agency for public investment of the Ministry of National Defense.

In specific cases, the head of the main unit assigns subordinate units to carry out these tasks according to the approved indicators in the investment decision. The head of the unit assigned the task is responsible to the head of the main unit and the law for the execution of the assigned task.

Article 16. Rights and responsibilities for evaluating investment projects

1. Building and approving evaluation plans

Build and approve annual plans for impact assessment and ad hoc evaluation of investment projects of the main unit under the Ministry of National Defense, in accordance with the scale, nature of the project, and the financial capacity of the level authorized by the Ministry of National Defense.

2. Implementation Organization:

a) Organize impact assessments and ad hoc evaluations for investment projects authorized to decide, and implement other types of evaluations as prescribed in Clause 4, Article 2 of Decree No. 84/2015/NĐ-CP when necessary.

b) In cases where the main unit is the investor of a national-level important project, group A project, or is assigned as the component project owner of the investment program, must conduct preliminary, mid-term, and final project evaluations. Impact assessments for projects specified in Clause 2 of this Article may be assigned to specialized units authorized by the Ministry of National Defense to implement.

The main unit under the Ministry of National Defense, or its authorized specialized unit or the project user unit, carries out the task of supervising and evaluating investment projects and assessing the impact of investment projects decided by the main unit. The heads of units assigned or authorized are responsible to the law and the head of the main unit for organizing the implementation of the assigned tasks.

Article 17. Contents of supervision and evaluation of investment

1. Contents of investment supervision:

a) In cases where the head of the main unit under the Ministry of National Defense is the person deciding on investments for projects delegated and authorized to implement according to Article 15 of Decree No. 84/2015/NĐ-CP.

b) In cases where the main unit under the Ministry of National Defense is the investor, it shall simultaneously fulfill the responsibility of supervision as stipulated in point a Clause 1 of this Article and fulfill the responsibility of supervision as stipulated in Clause 1 Article 21 of this Circular.

2. Contents of investment evaluation

a) In cases where the head of the main unit under the Ministry of National Defense is the person deciding on investments for projects delegated and authorized to implement according to Article 81 of the Law on Public Investment.

b) In cases where the main unit under the Ministry of National Defense is the investor, it must simultaneously fulfill the provisions of point a Clause 1 of this Article and fulfill the responsibility of evaluation as stipulated in Clause 2 Article 21 of this Circular.

3. In necessary cases, the competent authority for supervision and evaluation of investment under the Ministry of National Defense shall carry out the evaluation of investment as prescribed.

Article 18. Reporting System

1. Fulfillment of responsibilities of the main unit under the Ministry of National Defense

a) Prepare and submit to the Ministry of National Defense (through the competent agency implementing the task of supervision and evaluation of investment of the Ministry of National Defense) a consolidated report on the implementation of six-monthly and annual investment projects decided by the main unit and those decided by the Ministry of National Defense.

b) The contents shall be in accordance with the Model Report on Comprehensive Supervision and Evaluation of Investment every six months and annually as prescribed in Clause 1 Article 2 of Circular No. 22/2015/TT-BKHĐT.

c) Deadline for reporting: Before July 15 each year for the six-monthly report and before February 15 of the following year for the annual report.

2. Fulfillment of responsibilities of the investor: To be carried out in accordance with Article 22 of this Circular.

Section 4

INVESTOR

Article 19. Responsibilities in project investment supervision work

1. For monitoring work: The investor shall organize the entire process of monitoring the implementation of the project according to the contents prescribed in Clause 1 Article 21 of this Circular and the indicators approved by the investment decision-maker to ensure the objectives and effectiveness of the investment.

2. For inspection work: The investor shall organize the entire process of inspecting the implementation of the project according to the contents prescribed in Clause 1 Article 21 of this Circular and the indicators approved by the investment decision-maker to ensure the objectives and effectiveness of the project's investment.

The investor must establish and approve a supervision framework before implementing the investment project as prescribed in Article 28 of this Circular and must provide valid documents as a basis for supervising the investment project.

Article 20. Responsibilities in project investment evaluation work

The investor must organize the initial, mid-term, and final evaluations of the investment project as prescribed in Article 81 of the Law on Public Investment.

In cases where the investor is also the user, they must organize impact assessments when assigned by the investment decision-maker. The content of the impact assessment shall be carried out as prescribed in Clause 4 Article 81 of the Law on Public Investment.

The investor must provide valid documents as a basis for evaluating the investment project upon request from the Ministry of National Defense, the investment decision-maker, the authorized investment decision-maker, the Ministry of National Defense’s investment supervision and evaluation agency, and the main unit’s investment supervision and evaluation agency as prescribed in Appendix I attached to this Circular.

Article 21. Contents of supervision and evaluation of investment

1. Contents of supervision: Implemented according to the provisions of Article 8 and Article 14 of Decree No. 84/2015/NĐ-CP.

2. Contents of investment evaluation: Implemented according to the provisions of Article 81 of the Law on Public Investment.

Article 22. Reporting System

1. The project investor must establish and submit to the public investment supervision and evaluation agency of the Ministry of National Defense and subordinate units of the Ministry of National Defense the following types of reports: Periodic supervision and evaluation reports (3 months, 6 months, 9 months, and annually); before the commencement of the project; before adjusting the project; before the completion of the managed and implemented project.

2. For national key projects, Group A projects, and projects under state-level target programs, the project investor shall implement the reporting system for supervision and evaluation before the commencement of the project, before adjusting the project, before the completion of the project, and periodically every six months and annually; the project investor must send these reports to the agencies as stipulated in Clause 1 of this Article, and simultaneously send them to the Ministry of Planning and Investment in accordance with the laws on investment.

3. In cases where the project investor is also the project user, they must also comply with the provisions of Clause 4 of Article 23 of this Circular.

Section 5

PROJECT USER AND AGENCIES ASSIGNED TO PREPARE INVESTMENT PROJECTS

Article 23. Responsibilities of the Project User

1. Regarding supervision work: Organize monitoring and inspection of the entire process of operation and exploitation of the investment project. Handle difficulties, obstacles, and issues arising during the operation and exploitation of the project within their authority. In cases where difficulties, obstacles, and issues exceed their authority, propose solutions to those with the appropriate authority.

2. Regarding evaluation work: Implement impact assessment of the investment project when instructed by the competent authority for investment decision-making of the Ministry of National Defense and subordinate units of the Ministry of National Defense.

3. Contents of supervision and evaluation

a) Supervision contents are implemented according to the provisions of Clause 2, Article 14 of Decree No. 84/2015/NĐ-CP.

b) Evaluation contents are implemented according to the provisions of Clause 4, Article 81 of the Law on Public Investment.

Provincial and municipal public security organs shall implement the system of statistics, reporting, and sending to the Fire Prevention, Firefighting, and Rescue Police Bureau:

a) Annual report: Situation of exploitation and operation of the investment project from the time it was put into operation until the Impact Assessment Report is submitted.

b) Impact Assessment Report of the investment project is carried out at an appropriate time three years after the project is put into operation. The content of the report is implemented according to the provisions of Clause 4, Article 81 of the Law on Public Investment.

Article 24. Agencies assigned to prepare investment projects

1. Regarding supervision work

a) Investment policy of the project: The agency assigned to prepare the investment project organizes monitoring and inspection of the entire process of establishing the Preliminary Feasibility Study Report or the Proposal Report for the Investment Policy of the project.

b) For project establishment: The agency assigned to prepare the investment project organizes monitoring and inspection of the entire process of establishing the Detailed Feasibility Study Report of the project.

2. Regarding evaluation work

a) Investment policy of the project: Organize evaluation of the establishment of the Preliminary Feasibility Study Report or the Proposal Report for the Investment Policy of the project; the situation of submission for review and decision on the investment policy of the project; difficulties, obstacles, and issues arising during implementation and handling within authority; propose solutions to difficulties, obstacles, and issues exceeding authority.

b) For project establishment: Organize evaluation of the establishment of the Detailed Feasibility Study Report of the project; the situation of submission for review and decision on investment of the project; difficulties, obstacles, and issues arising during implementation and handling within authority; propose solutions to difficulties, obstacles, and issues exceeding authority.

3. Content of supervision

a) Investment policy of the project: Implemented according to the provisions of Clause 1, Article 13 of Decree No. 84/2015/NĐ-CP.

b) Project establishment: Implemented according to the provisions of Clause 2, Article 13 of Decree No. 84/2015/NĐ-CP.

Provincial and municipal public security organs shall implement the system of statistics, reporting, and sending to the Fire Prevention, Firefighting, and Rescue Police Bureau:

a) For investment policy of the project: Periodic supervision and evaluation reports (3 months, 6 months, 9 months, and annually); supervision and evaluation report before submitting for decision on the investment policy of the project.

b) For project establishment: Periodic supervision and evaluation reports (3 months, 6 months, 9 months, and annually); supervision and evaluation report before submitting for investment decision of the project.

Chapter 6

INDUSTRY MANAGEMENT AGENCIES

Article 25. General Provisions

The specialized management agency is a specialized agency under the investment decision-maker with expertise appropriate to the nature and content of the project, based on the functions and tasks assigned by the Ministry of National Defense, shall carry out supervision and evaluation in accordance with the provisions of specialized laws.

Article 26. Implementation of Specialized Supervision and Evaluation Work

The specialized management agency shall implement supervision and evaluation in accordance with the provisions of specialized laws. In cases related to investment programs and projects, it shall be carried out as follows:

1. Where the investment decision-maker is the Minister of National Defense

a) For construction activities: Coordinate with the agency responsible for supervising and evaluating public investment of the Ministry of National Defense and relevant agencies within the Ministry of National Defense to organize supervision and evaluation in accordance with the laws on construction, public investment, and the approved evaluation content and criteria.

b) For activities related to science and technology: Coordinate with the agency responsible for supervising and evaluating public investment of the Ministry of National Defense and relevant agencies within the Ministry of National Defense to organize supervision and evaluation in accordance with the laws on science and technology, technology transfer, public investment, and the approved evaluation content and criteria.

c) For activities related to the environment: Coordinate with the agency responsible for supervising and evaluating public investment of the Ministry of National Defense and relevant agencies within the Ministry of National Defense to organize supervision and evaluation in accordance with the laws on environmental protection, public investment, and the approved evaluation content and criteria.

d) For activities related to information technology: Coordinate with the agency responsible for supervising and evaluating public investment of the Ministry of National Defense and relevant agencies within the Ministry of National Defense to organize supervision and evaluation in accordance with the laws on information technology, public investment, and the approved evaluation content and criteria.

đ) For financial activities: Coordinate with the agency responsible for supervising and evaluating public investment of the Ministry of National Defense and relevant agencies within the Ministry of National Defense to implement supervision and evaluation in accordance with the laws on capital management and utilization; determine the budget for regular expenses and operational costs for the supervision and evaluation of public investment of the Ministry of National Defense.

e) For other activities related to investment programs and projects not covered by points a, b, c, d, đ of Clause 1 of this Article: The agency specified in Article 25 of this Circular shall coordinate with the agency responsible for supervising and evaluating public investment of the Ministry of National Defense and relevant agencies within the Ministry of National Defense to organize supervision and evaluation in accordance with the laws on specialized fields, public investment, and the approved evaluation content and criteria.

2. Where the investment decision-maker is the head of a main unit under the Ministry of National Defense: The specialized management agency under the main unit shall carry out as stipulated in Clause 1 of this Article.

Chapter III

METHODS FOR SUPERVISING AND EVALUATING INVESTMENT PROGRAMS AND PROJECTS

Article 27. Methods for Supervising and Evaluating Investment Programs and Projects

1. Monitoring of investment programs and projects shall be carried out in accordance with Clause 1 of Article 67 of Decree No. 84/2015/ND-CP as follows:

a) Regular monitoring at the site;

b) Monitoring through periodic and ad hoc reports as required;

c) Monitoring through combined reports and regular or ad hoc monitoring at the site.

The investor shall conduct regular monitoring and bear responsibility for the accuracy and timeliness of the reported information. The investment decision-maker and the State management agency for public investment of the Ministry of National Defense shall monitor investment programs and projects based on the synthesis, analysis, and evaluation of information from the investor's reports and relevant agencies in accordance with Clause 3 of Article 67 of Decree No. 84/2015/ND-CP.

2. Inspection and evaluation of investment programs and projects shall be carried out through two methods: Through reports or by forming inspection teams and evaluation teams.

Article 28. Framework for Monitoring and Evaluating Investment Projects

The framework for monitoring and evaluating investment projects consists of summary tables reflecting the main contents of the Feasibility Study Report of investment projects as stipulated in Clause 2, Article 47 of the Public Investment Law and Article 54 of the Construction Law, determined according to the logical framework approved by the project sponsor before construction begins or the project is implemented, including:

1. Monitoring Framework: The monitoring framework is used to clearly define objectives, scope of observation, subjects, responsibilities, timeframes for updating and reporting on the monitoring of investment projects. The content of the monitoring framework is carried out in accordance with Appendix II attached hereto.

2. Evaluation Framework: The evaluation framework is used to clearly define objectives, scope of evaluation activities, subjects, responsibilities, methods for collecting information to evaluate investment projects. The content of the evaluation framework is carried out in accordance with Appendix II attached hereto.

Article 29. Steps for Implementing Monitoring and Evaluation of Investment Programs and Projects

1. Steps for tracking investment programs and projects are implemented in accordance with the provisions of Clause 5, Article 67 of Decree No. 84/2015/NĐ-CP.

2. Steps for inspecting investment programs and projects are implemented in accordance with the provisions of Clause 6, Article 67 of Decree No. 84/2015/NĐ-CP.

3. Steps for evaluating investment programs and projects are implemented in accordance with the provisions of Clause 7, Article 67 of Decree No. 84/2015/NĐ-CP.

4. Steps for overall monitoring, inspection, and evaluation of investments are implemented in accordance with the provisions of Clauses 8, 9, and 10, Article 67 of Decree No. 84/2015/NĐ-CP.

Article 30. Methods and Contents of Inspecting Compliance with Legal Provisions in Investment Activities by Investment Decision-Makers and Investment Monitoring and Evaluation Agencies at All Levels

Implemented in accordance with the provisions of Appendix III attached hereto. Depending on the level of achievement of investment projects at the time of inspection and the nature of the type of inspection, appropriate inspection and evaluation procedures are applied for each program and project.

Chapter IV

COSTS IN MONITORING AND EVALUATING INVESTMENT PROJECTS

Article 31. Costs, Sources of Funding for Monitoring and Evaluating Investments and Users

1. Costs for implementing monitoring and evaluation of investments as stipulated in Clause 1, Article 52 of Decree No. 84/2015/NĐ-CP.

2. Sources of funding for monitoring and evaluating investments

a) Operating expenses, regular expenses for monitoring and evaluating investment programs and projects according to the annual plan of agencies and units responsible for monitoring and evaluating investment projects within the Ministry of National Defense.

b) Pre-investment costs for programs and projects.

c) Within the total investment amount of programs and projects.

d) Within the operating and maintenance costs of projects.

3. Users

a) State management agencies for public investment under the Ministry of National Defense, central units under the Ministry of National Defense.

b) Agencies assigned to prepare investment projects.

c) Project sponsors.

d) Project users.

Article 32. Content of Expenditure and Levels of Expenditure

1. Content of Expenses

a) Expenditure for tracking investment programs and projects is implemented in accordance with the provisions of Clause 1, Article 53 of Decree No. 84/2015/NĐ-CP.

b) Expenditure for inspecting investment programs and projects is implemented in accordance with the provisions of Clause 2, Article 53 of Decree No. 84/2015/NĐ-CP.

c) Expenditure for evaluating investment programs and projects is implemented in accordance with the provisions of Clause 3, Article 53 of Decree No. 84/2015/NĐ-CP.

d) Expenditure for overall monitoring and evaluation of investments is implemented in accordance with the provisions of Clause 4, Article 53 of Decree No. 84/2015/NĐ-CP.

đ) Expenditure for operating the electronic information system for monitoring and evaluating investment projects within the scope of the Ministry of National Defense is implemented in accordance with the provisions of Clause 5, Article 53 of Decree No. 84/2015/NĐ-CP.

2. Level of expenditure: Implemented in accordance with the guidance of the Ministry of Finance and current legal regulations.

Article 33. Management of Costs

1. The project sponsor shall implement cost management for programs and investment projects in accordance with the regulations on cost management for programs and projects.

2. The State management agency under the Ministry of National Defense responsible for public investment and affiliated units directly under the Ministry of National Defense shall prepare plans and budgets for regular expenses and operational costs for supervisory and evaluation tasks. The budget for supervisory and evaluation tasks shall be prepared based on the supervision and evaluation plan and the expenditure items stipulated in Article 32 of this Circular.

The management of costs for supervisory and evaluation tasks shall be carried out in accordance with the regulations on the management and utilization of regular expense and operational cost funds of the Ministry of National Defense or the Law on State Budget.

3. In cases where the State management agency under the Ministry of National Defense responsible for public investment and affiliated units directly under the Ministry of National Defense hire consultants to conduct project evaluations, such cost management shall be conducted in accordance with the management of consulting service costs.

Chapter V

RESPONSIBILITIES OF AUTHORITIES, UNITS, AND ENTERPRISES

Article 34. Responsibilities of the Investment Planning Department under the Ministry of National Defense

The Investment Planning Department under the Ministry of National Defense assists the Minister of National Defense in performing state management functions for public investment under the Ministry of National Defense and is the leading agency in implementing the supervisory and evaluation tasks of the Ministry of National Defense.

Article 35. Responsibilities of agencies, units, and enterprises regarding comprehensive monitoring and evaluation work by sector

1. Assignment of Implementation

a) Sectoral management agencies shall carry out overall monitoring, inspection, and comprehensive evaluation according to the laws and regulations of their respective sectors within the scope of management of the Ministry of National Defense.

b) The State management agency under the Ministry of National Defense responsible for public investment:

- Overall investment monitoring work shall be implemented in accordance with Article 46 of Decree No. 84/2015/NĐ-CP.

- Overall investment inspection work shall be implemented in accordance with Article 47 of Decree No. 84/2015/NĐ-CP.

- Overall investment evaluation work shall be implemented in accordance with Article 48 of Decree No. 84/2015/NĐ-CP. The steps for comprehensive monitoring and evaluation of investment shall be carried out in accordance with Clause 4, Article 29 of this Circular.

c) Enterprises managed by the Ministry of National Defense shall implement in accordance with Clause 3, Article 56 of the Law on Management and Use of State Capital for Production and Business at Enterprises and Clause 25, Article 2 of Decree No. 35/2013/NĐ-CP, conducting overall monitoring, inspection, and evaluation of investment in accordance with Point b, Clause 2, Article 69 of the Investment Law.

2. Investment projects using credit guaranteed by the Government, loans secured by state assets, land use value, funds from the development activity fund, and state-owned enterprise development capital shall be implemented in accordance with Section 3, Chapter II of Decree No. 84/2015/NĐ-CP.

3. Public-private partnership investment projects shall be implemented in accordance with Chapter III of Decree No. 84/2015/NĐ-CP.

4. Overseas investment projects shall be implemented in accordance with Chapter V of Decree No. 84/2015/NĐ-CP.

Article 36. Responsibilities for Monitoring, Inspection, and Evaluation of Public Investment Plans

1. The Investment Planning Department under the Ministry of National Defense shall carry out monitoring, inspection, and evaluation of public investment plans within its jurisdiction in accordance with Clause 1, Article 77, and Clauses 1 and 2, Article 78 of the Public Investment Law.

2. Content: to be implemented in accordance with Clause 2, Article 77 and Clause 3, Article 78 of the Public Investment Law.

Article 37. Handling of Law Violations in Investment Activities of the Ministry of National Defense

Any agency, organization, or individual engaging in acts of concealing violations or other violations shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation shall be provided in accordance with the law. The acts of violating the law in investment activities of the Ministry of National Defense shall be carried out according to Appendix IV attached to this Circular.

Chapter VI

IMPLEMENTING PROVISIONS

Article 38. Effective Date

This Circular takes effect from June 15, 2017.

Article 39. Responsibility for Implementation

1. The Director of the Department of Planning and Investment/MND, Commanders of relevant agencies, units, and individuals are responsible for implementing this Circular.

2. The Department of Planning and Investment/MND is responsible for organizing the implementation of this Circular.

In the course of implementation, if there are any difficulties, agencies, units, and individuals are requested to report them to the Ministry of National Defense and the Department of Planning and Investment/MND for consideration and resolution./.