IT ' S SMART

Project preliminary selection guidelines, set, appraisal, project proposals

and report the feasibility of the investment project in the form of public partnerships.

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Public Investment Law Base 49 /2014/QH13 June 18, 2014;

First Law Base, 67/20. 1 4/QH13 November 26, 2014;

The Rules of Law. All Number one. 43 /2013/QH13 November 26, 2013;

Construction of Building Law 50/20. 1 4/QH13 June 18, 2014;

Base of Protocol 15 /2015/NĐ-CP February 14, 2015 of the Government on Investment in the form of the public partnership;

Base of Protocol 116 /2008/NĐ-CP November 14, 2008 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Planning and Investment;

Minister of Planning and Investment Board of Information Oh. The selection of the project preliminary, set, appraisal, approval of the project proposal, and the research report feasible investment in the form of a public partnership.

What? 1. The tuning range and subject apply

1. This message guides the preliminary selection of the project; set, appraisal and approval of project proposals; set, appraisal and approval of the feasibility study report on the investment project in the form of public partners within the regulatory scope stipulated at Article 1 Resolution. Number 15 /2015/NĐ-CP February 14, 2015 of the Government on Investment in the form of Public Works Partnership.

2. This information applies to agencies, organizations, individuals involved in the selection of project preliminary selection, planning, appraisal, project proposals, and reporting feasibility studies in the form of a public partnership.

What? 2. Explain the word

1. PPP Project In this information, it ' s understood to be an investment project in the form of an industrial partnership.

2. Project preparation unit is the unit of the Ministry, the peer-to-peer agency, the Provincial People's Committee tasked with the proposal to project the project, to report the feasibility study and carry out the other tasks involved.

3. The first unit of the organization to propose the project. , the feasibility study report (later called the appraisal unit) is the unit established or tasked with leading the management of PPP operations by regulation at paragraph 2 Article 7 of the number of protocols. 15 /2015/NĐ-CP.

4. Proposal is the prescribed report at paragraph 11 Article 3 of the Digital Protocol 15 /2015/NĐ-CP . The project case with the use of a State investment capital implementation of the project implementation, proposed the equivalent of the Feasibility Study Report (for a Group A project) or the Investment Proposing Proposal of Investment (for Group B and C project) under the rule of law. It's a private investment.

What? 3. Select Project Preliminary

1. Preliminary selection principle

a) The preliminary selection of the project to determine the correct infrastructure projects, provision of equipment, and public services are studied investing in the form of PPP.

b) The project is selected for preliminary selection to meet the specified criteria at paragraph 2 This.

2. The preliminary selection criteria

a) The preliminary selection project must fully meet the following criteria:

-In accordance with the planning, industry development plans, regions and economic development plans-the society of the local;

-In accordance with the provisions of the prescribed investment in Article 4 of Decree 15 /2015/NĐ-CP and the priority project of the ministry, the peer agency, the Provincial People ' s Committee;

-It is possible to generate revenue to return to the investor, prioritifully create revenue from business operations.

b) In addition to the regulatory criteria at this point of a, the information level of each project, may consider the addition of the following criteria to prioritiate the project preliminary selection:

-There's an investor interest.

-There's a need for a major service.

-There is a favorable factor for implementation of the investment (the project has made the launch release; the auxiliary work, the connection has been built; the materials, the technology machinery available on the market);

-Other related factors (if any).

3. Ministry of the Ministry, peer-to-peer body; the professional body of the Provincial Committee of the Provincial People's Committee, or the Committee of the People's Committee on the Board of Research in accordance with Article 1 and paragraph 2 This, the Minister, the Prime Minister of the Council, and the Chairman of the Committee. The provincial population allows the project to be proposed.

4. Base approx approval of a proposed project proposal in the form of a PPP stipulated at paragraph 3 This, the authority with the authority under the law on the investment of public investment firm or other legal capital to form, appraisal, approve the project proposal and report. The feasibility study.

What? 4. Set, appraisal and approve the proposed project under the provisions of Section 1 Chapter III Protocol 15 /2015/NĐ-CP

1. Details Process

a) Project proposal;

b) The project proposes the project;

c) Proposal, advocated for use of the state ' s investment capital engaging in implementation of the project (if any);

d) Appropriation proposal;

Announced the project.

2. Create a project proposal

a) The unit preparation project organizes the proposed project under regulation at Article 16 of the number of Protocol 15 /2015/ND-CP, on the basis of instructions at Annex I issued with this message. For the project to have construction components, the project proposal includes preliminary design (the basis design for the C group project) as defined by the law on construction. For the project that does not have a construction component, the project proposal includes preliminary design (the basis design for the C group project) under the rules of specialized law.

b) The unit prepares the project of the minister, the head of the peer-to-head body and the chairman of the People's Committee of the 11st Provincial Committee to propose the project; simultaneously sending the appraisal unit 04 the project to propose the project.

c) The project proposed project includes:

-The browser recommendation text: The browser text content includes the legal base that proposes the project, the main content theory of the project proposal and the petitions;

-Project proposal project;

-The accepted opinion of the competent person on the proposed planning of the project in the form of PPP;

-Documents, legal documents relevant.

3. The Judge proposes the project

a) The appraisal unit receives the project proposed project of the project preparation unit and the specified appraisal organization at the b, c, d, and clause.

b) The organizational appraisal unit takes the opinions of the agencies, the unit concerned with the proposed project in accordance with written opinion, the necessary case may hold the appraisal meeting. The appraisal unit must take the appraisal opinion of the preliminary design (the basis design for the Group C project) of the professional body on construction by the construction legislation on the project that has the construction component or the specialized agency under the rule of specialized law. The industry for the project does not have a construction structure.

c) The appraisal of the appraisal report proposes the project on the basis of instruction at Annex II issued by this message. The project proposal is recommended by the petition appraisal for approval to ensure a full response to the conditions under regulation at Article 15 Digital Protocol. 15 /2015/NĐ-CP.

d) The position of the Minister of Ministers, the Prime Minister of the peer and the Chairman of the Committee on the Provincial Committee of the Appraisal Committee proposed that the project included the documents listed below:

-Report on the project proposal;

-Project proposal project;

-Documents, legal documents relevant.

) The deadline for the appraisal of a maximum project is 25 days from the date of receiving enough records, not including the deadline for approval of the policy of using the investment capital of the State specified at paragraph 4 Article 17 of the Digital Protocol. 15 /2015/NĐ-CP.

4. For the project to use the investment capital of the State, the Ministry, the peer-to-peer agency, the Provincial People ' s Committee reported the authority to approve the advocated use of the state's investment capital to implement the project under the law of public investment.

5. Appropriation proposal

a) The filing base proposes the project of the project preparation unit, the appraisal of the appraisal unit, the decision on the topic of using the state's investment capital to take part in the project of the competent state agency under the rule of law on public investment. (if any), the Minister, the head of the peer-to-peer agencies and the chairman of the Provincial People ' s Committee approved the proposal to propose the project for a period of 5 days. In the case of a project chaired by the Minister, the Prime Minister and the Chairman of the Provincial People's Committee approved the chair of the project investment in accordance with the legislation of public investment, proposed that the project could be approved simultaneously with the first use of capital. The State of the State is involved in the project.

b) The decision to approve the project proposal includes the following basic content:

-Project name.

-The name of the state agency has the authority to sign the contract with the investor;

-The unit name for the project.

-Location, scale, project capacity, land use area;

-Technical requirements;

-A total investment fund.

-State investment capital to implement the project (if any);

-The kind of project contract.

-Preliminary financial variation.

-Time contract time;

-Counseling and investment.

-Other content.

6. Ministry, peer-to-peer agency, the Provincial People ' s Committee implemented the prescribed project publication at Article 18 Digital Protocol 15 /2015/NĐ-CP . Content and sequence posts the information that follows the rules of the bidding law.

What? 5. Set up, appraisal and approve the proposed project by regulation at Section 2 Chapter III Protocol 15 /2015/NĐ-CP

1. Details Process

a) Project proposal;

b) The project proposes the project;

c) Appropriation proposal;

d) Agreement on the content associated with the delivery of the investment report to the feasibility study;

Announced the project.

2. Create a project proposal

a) The investor proposes a project by regulation at the point of a paragraph 2 Article 4 of this.

b) The investor sends the Ministry, the peer-to-peer agency, the 1st-level People's Committee, the project's proposed project; while sending the first unit of operational management PPP 01, the project proposes the project.

c) The project proposes the project to include the prescribed documents at paragraph 2 Article 21 of the Digital Protocol. 15 /2015/NĐ-CP.

3. The procedure for the appraisal and approval of the proposed project is provided by the investor in accordance with paragraph 3 and paragraph 5 Article 4 of this.

4. For the project of the object using the official development support capital (ODA) and foreign preferable loan of the regulatory sponsors at paragraph 3 Article 11 of the Digital Protocol. 15 /2015/ND-CP, Ministry, the peer-to-peer agency, the Provincial People 's Committee reported the authority to approve the presiding use of the state' s investment capital to implement the project under the rule of law on public investment and the international agreement signed before approval of the proposal. The project.

5. The ministry, the peer-to-peer agency, the Provincial People ' s Committee held a deal with the investor about the content involved in the delivery of the feasibility study of the feasibility study. The agreement content must be established as specified in paragraph 3 Article 24 of the number of Protocol 15 /2015/NĐ-CP.

6. Ministry, peer-to-peer agency, the Provincial People ' s Committee announced the project proposal was approved and information about the investor proposed the project under the regulation at Article 23 Digital Protocol. 15 /2015/NĐ-CP . Content and sequence posts the information that follows the rules of the bidding law.

What? 6. Set up, appraisal and approve the feasibility study report

1. Details Process

a) A feasibility study report;

b) The feasibility study report;

c) The feasibility study report.

2. Planning a feasibility study report

a) The project preparation unit or investor is tasked with establishing the feasibility study under the regulation at paragraph 1 Article 25 of the number of protocols. 15 /2015/ND-CP, on the basis of instructions at Annex III issued by this message, minus the group C.

b) The project preparation unit or investor is tasked with setting up the feasibility study report, peer agency, and the National People's Committee of the 01 department of approved research reports; simultaneously sending the appraisal unit 04 the approval profile. Browse the feasibility study.

c) The approval report for the feasibility study report includes:

-The browser's browser report feasibility study: The browser text content includes the feasibility study review base, the main content theory of the feasibility study report, and petitions;

-The feasibility study report;

-The text of the agreement between the ministry, the peer agency, the Provincial People ' s Committee with the investor (the case of the investor proposed the project);

-Decided to approve the project proposal;

-The appraisal proposal for the project.

-Documents, legal documents relevant.

3. Judge the feasibility study report

a) The application of the appraisal application file reports the feasibility study of the project preparation unit or investor and organization defined by regulation at points b, c, and d this paragraph.

b) The organizational appraisal unit takes the opinions of the agencies, the unit relevant to the feasibility study report by the method of written opinion, the necessary case can hold the appraisal meeting. The appraisal unit must take the appraisal opinion on the basis design of the professional body on construction by construction legislation on the project that has the construction component or the specialized agency under the regulation of the specialized law on the unstructured project. Built.

c) The appraisal of the appraisal report on the feasibility study report in accordance with the specified content at paragraph 3 Article 26 Digital Protocol 15 /2015/ND-CP, on the basis of instructions on Appendix IV issued by this message.

d) The position of the Minister of Ministers, the Prime Minister of the peer and the Chairman of the Ministry of Representatives of the Ministry of the People's Committee of the Appraisal Report in accordance with the regulations at paragraph 2 Article 26 No. 26 15 /2015/NĐ-CP under the prescribed appraisal at paragraph 4 Article 26 Protocol 15 /2015/NĐ-CP.

4. Approved research report

a) The approval of the approved research report for the feasibility study of the project preparation unit or investor and the appraisal of the appraisal unit, the Minister, the Prime Minister of the peer and Chairman of the Provincial People ' s Committee approved the feasibility study report. The exam

b) The decision to approve the feasibility study report includes the following basic content:

-Project name.

-The name of the state agency has the authority to sign the contract with the investor;

-The name of the project preparation unit or investor is tasked with setting up the feasibility study report;

-Location, scale, project capacity, land use area;

-Technical details.

-Total investment.

-State investment capital to implement the project (if any);

-The kind of project contract.

-Financial charges;

-Time contract time;

-Counseling and investment.

-Other content.

What? 7. Apply Appendix

1. The appendix issued on this Notice is built on the basis of a law on investment in the form of PPP, at the same time the international law of reference aims to facilitate the parties involved in the project to prepare the PPP project, ensuring that it is possible. the consistency of the content of the project proposal and the feasibility study report, which is the basis of investor selection and negotiation, signing the project contract.

2. When setting, appraisal, approval of the project proposal and the research report viable PPP projects, the organization, the individual applies the applicable Annex to this Notice and the properties, scale, field of each specific project to supplement some of the most compelling content of the project. about the feasibility of the feasibility of the project.

What? 8. The organization performs

1. This message has been in effect since April 18, 2016.

2. The ministries, peer agencies, government agencies, other agencies in the Central Committee, the People ' s Committee of the Ministries And Organizations, the individual are involved in responsibility for this private practice.

3. In the course of execution, if there is an entangrium, offer ministries, peer-to-peer agencies, government agencies, other agencies in the Central, the People ' s Committee of the Ministries And Organizations, the individual involved sending opinions on the Ministry of Planning and Investment to timely review, process.