Circular 02/2016/tt-Bkhđt: Guide To Preliminary Project, Selection, Appraisal, Approval Of The Project Proposal And Feasibility Study Report Of Investment Projects In The Form Of Public Private Partnership

Original Language Title: Thông tư 02/2016/TT-BKHĐT: Hướng dẫn lựa chọn sơ bộ dự án, lập, thẩm định, phê duyệt đề xuất dự án và báo cáo nghiên cứu khả thi dự án đầu tư theo hình thức đối tác công tư

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952772/thng-t-02-2016-tt-bkht%253a-hng-dn-la-chn-s-b-d-n%252c-lp%252c-thm-nh%252c-ph-duyt--xut-d-n-v-bo-co-nghin-cu-kh-thi-d-n-u-t-theo-hnh-thc-i-tc-cng-t.html

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CIRCULAR instructions preliminary project, selection, appraisal, approval of the project proposal and feasibility study report of investment projects in the form of public private partnership _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the investment law base of 49/2014/QH13 June 18, 2014;
Based investment law No. 67/2014/QH13 on November 26, 2014;
Pursuant to the law the bidding No. 43/2013/QH13 on November 26, 2013;
Pursuant to the law No. 50/2014/QH13 June 18, 2014;
Pursuant to Decree No. 15/2015/ND-CP dated 14 February 2015 the Government on investment in the form of public-private partnerships;
Pursuant to Decree No. 116/2008/ND-CP on November 14, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of planning and investment;
Minister of planning and investment issued circulars preliminary project, selection, appraisal, approval of the project proposal and feasibility study report of investment projects in the form of public private partnership.
Article 1. Scope and objects 1. This circular guides the selection preliminary project; establishment, evaluation and approval of the proposed project; establishment, evaluation and approval of feasibility research report for investment projects in the form of public private partnership in the range of adjustments specified in article 1 of Decree 15/2015/ND-CP dated 14 February 2015 the Government on investment in the form of public private partnership.
2. This circular apply to agencies, organizations, individuals involved in the preliminary selection process, project creation, appraisal, approval of the project proposal and feasibility study report of investment projects in the form of public private partnership.
Article 2. Explanation of terms 1. PPP projects in this circular is understood investment project in the form of public private partnership.
2. project preparation unit is the unit of the Ministry, ministerial-level agencies, provincial people's Committee tasked with the establishment of the project proposals, feasibility study reports, and perform other related duties.
3. the Organization clue Unit evaluation project proposals, feasibility study report (hereinafter referred to as the assessment) is established or entrusted with the managerial work of PPP activities as defined in paragraph 2 article 7 of Decree 15/2015/ND-CP. 4. The proposed project is reported to be established under the provisions of paragraph 11 of article 3 of Decree 15/2015/ND-CP project case have used the State's capital to join the project, the proposed equivalent project feasibility study report (for A group project) or the report proposes investment undertakings (for Group B and C projects) under the law on public investment.
Article 3. Preliminary selection of projects 1. Preliminary selection guidelines project a preliminary selection) project aims to identify the right infrastructure projects, providing equipment, public services are investment research in the form of PPP.
b) project preliminary selected ensure satisfying the criteria specified in paragraph 2 of this Article.
2. preliminary selection criteria a project) project preliminary selected must meet the following criteria:-fit the planning, industry development plan, regional and socio-economic development plan of local society;
-Fit the investment specified in article 4 of the Decree 15/2015/ND-CP and the priority projects of the ministries, ministerial-level agencies, provincial people's Committee;
-Ability to create revenues to return to investors, priority projects generate revenue from business activities.
b) in addition to the criteria specified in point a of this paragraph, the base level of information of each project, may consider additional criteria for preliminary selection of priority projects:-have investors concerned;
-Need to use the service;
-There are favorable factors to make investments (projects have made the clearance; auxiliary works, was built connecting natural raw materials; machinery technology available on the market);
-Other related elements (if any).
3. The organization of the Ministry, ministerial bodies; specialized agencies in the provincial people's Committee or the people's committees at district level research initiative under the provisions of paragraph 1 and paragraph 2 of this article, the Ministers, heads of ministerial agencies and the Chairman of the provincial people's Committee allow establishment of proposed projects.
4. The base approval comments about the proposed project in the form of the PPP regulation in paragraph 3 of this article, the competent authority according to the law on investment of public investment layout or other legal capital to established, appraisal, approval of the project proposal and feasibility study report.
Article 4. Establishment, evaluation and approval of the proposed project as defined in section 1 of chapter III of Decree 15/2015/ND-CP 1. Detailed process a) established the project proposal;
b) appraisal of project proposals;
c) approved the proposal, advocates the use of State capital joined the project (if any);
d) approval of the proposed project;
PREC) announced the project.
2. Establishment of project proposal a) project preparation Unit held up the project proposal according to the provisions of article 16 of Decree 15/2015/ND-CP on the basis of the guidance in annex I attached to this circular. The project has built components, proposed projects include preliminary design (design basis for the project group C) according to the provisions of the law on construction. For projects without building components, the project proposal includes preliminary design (design basis for the project group C) according to the provisions of the law.
b) project preparation unit to the Ministers, heads of ministerial agencies and the Chairman of the provincial people's Committee 1 the proposed project profile; at the same time submit the evaluation unit 4 record suggested the project.
c) profile project proposals include:-writing project proposal browser: browser text content including legal base established project proposal, the main content of presentation proposals and recommendations;
-Draft proposals;
-The opinion of the authority on the project proposal in the form of PPP;
-The document, the relevant legal texts.
3. a project proposal evaluation) the evaluation unit receives the proposed project profile of the project preparation and evaluation organization as defined at points b, c, d and DD this clause.
b) evaluation unit held opinions and suggestions of bodies, the relevant units for the project proposal according to the method of writing opinions where necessary, can organize the evaluation meeting. The evaluation unit to assess opinions about the preliminary design (design basis for Group C projects) of the professional bodies of the construction law construction for the project, construction components or specialized agencies under the provisions of legal specialization for the project without building components.
c) Evaluation Unit evaluation reports of project proposals on the basis of the guidance in Appendix II attached to this circular. Proposed project be due diligence Unit recommendations for approval to the full guarantee to meet the conditions prescribed in article 15 of Decree 15/2015/ND-CP) program evaluation units of Ministers, heads of ministerial agencies and the Chairman of the provincial people's Committee proposed evaluation profile projects including the documents listed below :-the proposed assessment report;
-Draft proposals;
-The document, the relevant legal texts.
DD) time limit for evaluation of project proposals a maximum of 25 days from the date of application, not including the time limit for approval of advocates the use of State capital prescribed in paragraph 4 Article 17 of Decree 15/2015/ND-CP. 4. For projects that use the State's capital, the Ministry, ministerial-level agencies, provincial people's Committee report approved by the competent agency advocates the use of State capital participation of the project in accordance with the law on public investment.
5. Approval of a project proposal) to base the proposed project profile of the project preparation unit, the unit's evaluation profile evaluation, decisions about advocates using state capital investment involved made the project of the State Agency has the authority under the provisions of the law of public investment (if any) , Ministers, heads of ministerial agencies and the Chairman of the provincial people's Committee approval of the proposed project within 5 days. The case project by Ministers, heads of ministerial agencies and the Chairman of the provincial people's Committee approved project investment undertakings according to the hierarchy of laws on public investment, the proposed project could be approved simultaneously with the use of State capital joined the project.
b) decided to approve the proposed project consists of the following basic content:-the name of the project;
-The name of the State Agency has the authority to sign a contract with the investor;
-Project preparation unit name;
-The location, the scale, the capacity of the project, the area of land use;
-The technical requirements;
-Projected total investment;
-Capital of the State to participate in the project (if any);
-Type of contract;
-The preliminary financial plan;
-Duration of the contract;
-Incentives and investment guarantees;
-Other content.
6. The Ministry, ministerial-level agencies, provincial people's Committee announced the project implementation as stipulated in article 18 of Decree 15/2015/ND-CP content and sequence of the posted information made under the provisions of the law of tenders.
Article 5. Establishment, evaluation and approval of the proposed project as defined in section 2 Chapter III of Decree 15/2015/ND-CP 1. Detailed process a) established the project proposal;
b) appraisal of project proposals;
c) approval of the proposed project;
d) agreement on the content related to the delivery of investor reporting feasibility study;
PREC) announced proposals.
2. Set up a project proposal) investors established the project proposal according to the provisions of art. 2 article 4 this circular.
b) sent investors, ministerial-level agencies, provincial people Committee 1 the profile proposed project; at the same time sending units manage PPP 1 record proposals.
c) proposed project profile include the documents prescribed in paragraph 2 article 21 of Decree 15/2015/ND-CP. 3. The process of evaluation and approval of the proposed project by the investor established follow prescribed in clause 3 and clause 5 article 4 this circular.

4. for projects in the object using the funds official development assistance (ODA) and foreign preferential loans of the donors stipulates in paragraph 3 article 11 of Decree 15/2015/ND-CP, ministries, ministerial-level agencies, provincial people's Committee report approved by the competent agency advocates the use of State capital joined the project as provisions of the law on public investment and international agreements concluded prior to the approval of the proposed project.
5. The Ministry, ministerial-level agencies, provincial people's Committee held agreements with investors about the content related to the delivery of investor reporting feasibility study. Content of the agreement must be made in writing prescribed in paragraph 3 article 24 of Decree 15/2015/ND-CP. 6. Ministries, ministerial-level agencies, provincial people's Committee announced the proposed project has been approved and the information about the investors propose projects as defined in article 23 of Decree 15/2015/ND-CP content and sequence of the posted information made under the provisions of the law of tenders.
Article 6. Establishment, evaluation and approval of feasibility research report 1. Detailed process a) feasibility study reports;
b) appraise feasibility study report;
c) approved feasibility study report.
2. feasibility study reporting a) project preparation unit or the investor is given the task of establishing a viable research reports as prescribed in clause 1 article 25 of Decree 15/2015/ND-CP on the basis of the guidance in Appendix III attached to this circular, except the project group c. b) project preparation unit or investor is tasked feasibility study reports the ministries, ministerial agencies and provincial people Committee 1 record the approved feasibility study report; at the same time submit the evaluation unit 4 record the approved feasibility study report.
c) approval process of the profile report feasibility studies include:-text browser feasibility study report: content text browser including browser based feasibility study reports, demonstration plot of the feasibility study report and recommendations;
-The draft feasibility study report;
-Agreement between ministries, ministerial-level agencies, provincial people's Committee with investors (Investor cases proposed projects);
-The decision to approve the proposed project;
-Writing project proposal evaluation;
-The document, the relevant legal texts.
3. Evaluation of feasibility study reports a) evaluation unit receives the record of approval report a feasibility study of the project preparation or investors and organized evaluation as specified in points b, c and d of this paragraph.
b) evaluation unit held opinions and suggestions of bodies, the relevant units for feasibility study reports according to the method of writing opinions where necessary, can organize the evaluation meeting. The evaluation unit to assess opinions about the basic design of the specialized agencies on legal construction for construction projects, building components or specialized agencies under the provisions of legal specialization for the project without building components.
c) Evaluation Unit evaluation reports for the feasibility study reports according to the content of the provisions in paragraph 3 Article 26 of Decree 15/2015/ND-CP on the basis of the guidance in annex IV attached to this circular.
the evaluation unit) Ministers, heads of ministerial agencies and the Chairman of the provincial people's Committee records appraisal feasibility study report as prescribed in clause 2 Article 26 of Decree 15/2015/ND-CP within the appraisal clause 4 Article 26 of Decree 15/2015/ND-CP. 4. Approved feasibility study report of a) the profile base approved feasibility study report of the project preparation or investor profiles and evaluation unit's assessment, the Ministers, heads of ministerial agencies and the Chairman of the provincial people's Committee approved the feasibility study report.
b) decided to approve the feasibility research report includes the following basic content:-the name of the project;
-The name of the State Agency has the authority to sign a contract with the investor;
-Project preparation unit names or investors are tasked establishing feasibility study report;
-The location, the scale, the capacity of the project, the area of land use;
-Detailed technical requirements;
-Total investment;
-Capital of the State to participate in the project (if any);
-Type of contract;
-Financial plan;
-Duration of the contract;
-Incentives and investment guarantees;
-Other content.
Article 7. Application of the annex 1. The annex attached to this circular are constructed on the basis of the provisions of the law on investment in the form of PPP, refer to international practices in order to create favorable conditions for the parties involved in the PPP project preparation, to ensure uniformity of the content of the project proposal and feasibility study report , as a basis for the selection of investors and negotiating, contracting projects.
2. When set, appraisal, approval of the project proposal and feasibility study report of PPP projects, organizations and individuals to apply the appendix attached to this circular and pursuant to the nature, scale, fields of each specific project to supplement some of the content presentation on the feasibility , effective for the particular conditions of the project.
Article 8. Implementation 1. This circular is effective from April 18, 2016.
2. Ministries, ministerial agencies, government agencies, other agencies in the Central People's Committee, the levels and the Organization, the individual concerned is responsible for the implementation of this circular.
3. in the implementation process, if there are obstacles, suggest the ministries, ministerial agencies, government agencies, other agencies in the Central People's Committee, the levels and the Organization, the individual concerned submitted comments about the Ministry of planning and investment to timely review process.