The Decree 136/2015/nd-Cp: Guide The Implementation Of Some Articles Of The Law On Public Investment

Original Language Title: Nghị định 136/2015/NĐ-CP: Hướng dẫn thi hành một số điều của Luật Đầu tư công

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The DECREE guiding the implementation of some articles of the law on public investment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on public investment 18 June 2014;
Pursuant resolution No. 100/2015/QH13 on November 12, 2015 approved by Congress advocated investment in the national target program the 2016-2020 period;
According to the recommendation of the Minister of planning and investment, the Government issued the Decree guiding the implementation of some articles of the law on public investment.
Chapter I GENERAL PROVISIONS article 1. Scope this guide details the implementation of some articles of the law on public investment: 1. Classification of the program, the investment project.
2. Establish, due diligence, investment undertakings decision programs, investment projects in the Group A, Group B and Group C. 3. Establishment of appraising investment decisions, programs, projects of the Group A, Group B and Group C. 4. Adjust the program, public investment projects.
5. Project management of public investment has no construction component.
Article 2. The object of applying bodies, organizations, individuals related to investment activities, management and use of public investment.
Article 3. Explanation of terms 1. The overall investment projects are large scale projects, content related to various investment sectors, areas or investing in many different localities. The overall investment projects including the project components in the industry, or the local area.
2. Category of the project is a part of the structure of the project are divided by industry or sector, the aim of the investment project.
3. Project by the Ministry, ministerial-level agencies, government agencies, the Supreme People's Court, the Supreme People's Procuratorate, the State Auditor, Office of the President, Office of the National Assembly, the Central Agency of the Vietnam Fatherland Front, the Organization's political, socio-political organizations and corporations The State, the Corporation, the other central agencies (hereinafter referred to as the central ministries), the people's committees of all levels of local government, businesses have used the capital management: is the project by the Ministry, the Central sector, the people's Committee, the local authorities decided to invest according to the provisions of article 39 of the law on public investment and business projects investment decision under the provisions of the law.
4. urgent project is the project that requires immediate deployment to the goal: protecting the country's sovereignty, ensure national security; avoid direct disaster to the life, health and property of the community; fix or timely rescue, or preventing the consequences can occur due to unforeseen incidents, incident or incident response environment is especially severe.
5. internal appraisal is preliminary assessment to improve the profile, report prior to submitting authorized agency or authority to assess the investment policy, assessing capital and capital balances capability as a base to authority investment policy decisions. Internal assessment includes evaluation of feasibility research report, the report proposes investment undertakings; evaluation of resources and ability to balance capital. The Agency chaired an internal evaluation of the programs and projects of the central ministries and people's committees of all levels of management are delivered by the head of the central ministries and people's committees of all levels decide.
Article 4. Public investment program classification 1. National target program is the program prescribed in clause 9 Article 4 of the law on investment of public use of public investment and the capital of the other economic component (if any).
2. program the target use of the central budget is the program to use the whole or a part of the central budget to invest according to the goals, the tasks of: a Private central ministries);
b) Both The Central and local departments;
c) local Private.
3. program use the entire investment capital balanced local budget, which the local government bonds, which from the source currency to invest but not yet put into the local budget and balance the legitimate capital is the other local programs targeted at local government level to implement the objectives , specific local tasks.
4. the target program using the capital left the country, government bonds, as the program to perform some crucial tasks, targets within the country.
5. investment program using ODA and concessional loans by foreign donors is a collection of activities, projects related to one or more departments, sectors, regions, territories, much of The Central and local departments to implement these objectives, specific tasks.
6. investment credit program for development of the State, including the investment and credit programs credit programs of social policy by the Vietnam Development Bank, Bank for social policies make to invest in projects for this program as prescribed by the Government.
7. investment program from the source currency to invest but not yet put into balancing the State budget of the central ministries is a program made some goals, specific tasks by the National Assembly, the Government decided according to each specific revenue sources.
Article 5. Classification of public investment project 1. Classification of public investment projects as defined in article 6 of the law on public investment.
2. the classification criteria of the project group A, Group B, Group C as specified in articles 8, 9 and 10 of the law on public investment and detailed rules in annex I attached to this Decree.
The project has many investments in many sectors, different fields, then the classification by industry projects, the field will base on the investment components by industry sector, constitute the largest capital ratio.
3. Criteria for identifying key project group C of the local: a) provincial people's Council to decide the criteria of Group C by key project management for each local public investment plan 5-year medium term, consistent with the objectives, plan-driven socio-economic development 5 years financial capability, and the specific characteristics of the locality;
b) criteria mostly identify key project team C, including: the meaning, the importance of the project in each of the disciplines, sectors, geographical areas for social-economic development of the local in each stage; the scale of projects by industry, field; calculate the spread of the project to develop the industry, areas and territories; economic, social and financial performance (if any).
Article 6. Adjust the sorting criteria of public investment project 1. Adjust the sorting criteria of public investment projects as defined in article 11 of the law on public investment. Specifically about the CPI, the adjusted total investment criteria are considered when the average consumer price index increase of over 30% compared to the year 2015 in the first tuning; the times of the next adjustment to be considered when the average consumer price index increase of over 30% compared with the year earlier criteria are adjusted.
2. Ministry of planning and investment: a) General Government reports for comments the adjustment classification criteria of public investment projects as defined in paragraph 1 of this article;
b) receptive to the opinions of the Government at the point a of this Paragraph, complete Prime report and after the Prime Minister agreed, admitting the Prime Minister authorized, on behalf of the Government of the Congress to adjust the classification criteria of national important projects; the Standing Committee of the National Assembly decided to adjust the criteria for classification of projects of the Group A, Group B, Group C and the congressional report at the session.
Article 7. The cost of establishing, evaluating the program, the investment project 1. Costs, appraisal report suggested the investment policy, the feasibility study report of public investment program to use the funds the Agency's career, the unit performs the tasks of this and according to the rules of the genus career State budget due to the competent agency issued , including: a) the cost of the proposed reporting investment undertakings and feasibility study report (case hired consultant);
b) costs evaluation;
c) where the program was not competent to decide the investment policy or investment decisions, the costs at point a and point b of this clause is still in settlement and accounting in the Agency's career was given up, evaluation of public investment program.
2. the costs of establishing, evaluating feasibility study report of the project group A: a) costs (rent case Consulting), evaluation of feasibility study report of the project group A had the building component, which determines the total investment of the project made under the provisions of clause 2 article 15 of the law on public investment and the provisions of the law on construction;
b) costs (rent case Consulting), evaluation of feasibility study report of the project group A no construction components perform as specified for the project, construction components specified in point a of this paragraph, except the content relating to building design.
3. Costs (rent case Consulting), evaluation report suggested advocates project investment group B (including the project build component and no construction components), which defines the total investment made under the provisions of clause 2 article 15 of the law on public investment and specific provisions following the : a) the project has a total investment from 800 billion to below 2,300 billion is spent, must not exceed 60% of the cost of establishing, evaluating feasibility study report of the project group A regulations in paragraph 2 of this Article;
b) projects with a total investment of under 800 billion is spent, must not exceed 30% of the cost of establishing, evaluating feasibility study report of the project group A regulations in paragraph 2 of this Article.
4. Costs (rent case Consulting), evaluation report suggested the investment policy group C projects (including projects with construction components and no construction component) made under the provisions of clause 2 article 15 of the law on public investment and must not exceed 50% of the costs of establishing the evaluation report suggested, advocated investment in the Group B project has a total investment of under 800 billion specified in point b of Paragraph 3 of this article.
5. Costs (rent case Consulting), appraisal report of feasibility study of the project without building components comply with the provisions of the investment law and the provisions of the law on construction, except the content relating to building design.

6. Costs (rent case Consulting), evaluation of feasibility research report, the report proposes investment undertakings, feasibility study reports defined in item 2, 3, 4 and 5 this is counted in capital investment project preparation. Project case was not competent to decide the investment policy, the investment decisions, the costs were expenses reporting feasibility research report suggested investment undertakings, feasibility study report was on settlement and accounting costs of preparation of investment in development of the investment expenditure the central departments and the local authorities in project management.
Chapter II ESTABLISHMENT, due diligence, INVESTMENT UNDERTAKINGS DECISION programs, INVESTMENT PROJECTS, the article 8. Authority decisions undertakings conditions, the investment program, project 1. Jurisdiction to decide the investment policy of the programme, projects under the provisions of article 17 of the law on public investment. The project group B, Group C is investing from the different public investment funds: a) the head of the Ministry, the Central Organ decided to project investment undertakings by the Ministry, the Central Agency of the jurisdiction rules in paragraph 4 Article 17 of the law on public investment;
b) people's councils and people's committees of all levels decide on investment undertakings on local project management of under the jurisdiction the provisions of point b Paragraph 5 and Paragraph 6 article 17 of the law on public investment.
2. Condition the decision advocates the investment program, the project according to the provisions of article 18 of the law on public investment.
Article 9. Order and procedure of decision investment undertakings investment program 1. Order and procedure of decision investment undertakings national target programmes according to the provisions of article 19 and article 21 of the law on public investment.
2. The procedures the decision advocates the investment program under the authority of the Government according to the provisions of article 22 of the law on public investment.
3. The order and procedures of decision investment undertakings investment program uses the whole budgetary balance local capital, which the local government bonds, which from the source currency to invest but not yet put into local budget balance and the other loan of local budgets to investment as defined in Article 28 of the law on public investment.
Article 10. The sequences, procedures the decision advocates the project investment group A sequence, the first policy decision procedure of the project group A (including emergency projects and projects in the form of public private partnership specified in point b of paragraph 3 to article 33 of the law on public investment) made under the provisions of article 23 of the law on public investment.
Article 11. Order and procedure of the decision advocates the investment program, projects using ODA and concessional loans of foreign donors, the sequence of procedures the decision advocates the investment program, projects using ODA and concessional loans by foreign donors as stipulated in article 24 of the law on public investment and Government Decree on management and use which official development assistance (ODA) and preferential loans of foreign donors.
Article 12. The sequences, procedures the decision advocates the project investment group B and Group C, except for the C minor scale group project in the national target program prescribed in article 13 of this Protocol 1. The sequences, procedures the decision advocates the project investment group B, Group C by the Central Agency of the Vietnam Fatherland Front and the social-political organizations, agencies, and organizations managed under the provisions of article 25 of the law on public investment.
2. The procedures the decision advocates the project investment group B, Group C of the central authorities, according to the provisions of article 26 of the law on public investment.
3. The procedures the decision advocates the project investment group B, Group C use of the central budget, which had left the country, which the local government bonds, according to the provisions of article 27 of the law on public investment. Particularly for the project by the provincial people's Committee of management, provincial people's Committee established the authority to appraise the report proposed project investment undertakings as defined in point b of Paragraph 2 Article 23 of the law on public investment or investment planning and presiding , in cooperation with the relevant agencies in the evaluation report suggested the investment policy, assessing capital source and the ability of the internal balance of capital.
4. The procedures the decision advocates the project investment group B, Group C use which local budget balance, which the local government bonds, which from the source currency to invest but not yet put into the local budget and balance of the loan account of the local budget to invest according to the provisions in articles 29 , 30 and 31 of the law on public investment.
Article 13. The sequences, procedures, evaluation, decision of investment undertakings according to the abridged procedure for small scale group C projects of the national target program-technical complex, State support for investment, with the rest due in part to people contributions 1. The Prime Minister decides the project criteria Group C small scale of the national target program-technical complex, State support for investment part, the rest by the people contributing (here referred to as the C minor scale group project) applied sequential the shortened procedure, as defined in item 2, 3, 4 and 5 of this Article.
2. The head of the Department, central agencies: a) the Delivered units established and organized internal evaluation report suggested advocated investing portfolio Group C small scale subject to the provisions in clause 1 of this article (not reporting proposed investment undertakings each project) and estimated the total cost of the entire project list , which clarify the structure of the investment capital and mobilize other sources of capital; complete, send the Ministry of planning and investment, Ministry of finance and the national target program to assess sources of capital and capital balances capability for the project using the central budget, which left the country, which government bonds;
b) decisions undertakings investing whole portfolio, including target, the scale, the total investment of the entire portfolio, capital structure, location, the progress made on the basis of the next currency report evaluation of capital and capital balances capacity of the Ministry of planning and investment in point a of this Paragraph.
3. The head of the Central Agency of the Vietnam Fatherland Front and the social-political organizations, agencies, and organizations: a) the Delivered units established and organized internal evaluation report suggested investment undertakings the entire project list group C small scale subject to the provisions in clause 1 of this article (not the proposed reporting top advocates investment in each project) and estimated the total cost of the entire project list, which clarify the structure of the investment capital and mobilize other sources of capital; complete, send the Ministry of planning and investment, Ministry of finance and the national target programs for the evaluation report suggested the investment policy, assessing capital and capital balances capability;
b) to base the evaluation report of the Ministry of planning and investment in point a of this Paragraph, complete the report proposes investment undertakings the prime investment policy decision of the entire portfolio, including target, the scale, the total cost of the entire project list the structure of resources, location, implementation progress.
4. The Chairman of the provincial people's Committee: a) the delivery of the program administration the target country or people's Committee levels under the proposed reporting investment undertakings the entire project list group C small scale subject to the provisions in clause 1 of this article (not reporting proposed investment undertakings each project) and estimated total investment of the entire project list, which clarify the structure of the investment capital and mobilize other sources of capital the authorized level;
b) planning and investment Affairs, in coordination with relevant agencies in the evaluation report suggested investment undertakings the entire project list group C small scale, not a detailed appraisal of each project;
c) directs the units specified in point a of this paragraph, complete reporting proposed project investment undertakings according to the evaluation report provided for in point b of this Clause submitting planning and general investment process of provincial people's committees to complete the comments sent the Ministry of planning and investment , The Ministry of finance and The national target program owners to assess the capital and capital balances ability for capital projects of the central budget, which had left the country, which government bonds;
d) evaluation report base funding and the ability to balance the Department's capital planning and investment decisions, the investment policy of the entire portfolio, including target, the scale, the total investment of the entire portfolio, capital structure, location, the progress of the project.
5. Ministry of planning and investment and the Agency was assigned to assess sources of capital and capital balances ability according to the provisions of article 38 of the law on public investment, coordinating the relevant agencies assess the entire portfolio Group C small scale (no detailed evaluation of each particular project) submitted The the Central and local departments to complete the report proposes investment undertakings, the Authority decided to investment undertakings.
Article 14. Order and procedure of investment policy decision for the emergency project group B and Group C use of the central budget 1. The head of the Central Department, based the decision of the authority of the State of emergency, an emergency situation as defined in Emergency Ordinance, the law, the law on disaster prevention Dikes and other legal documents are concerned, the decision about an emergency situation in the field of defence Security (hereafter referred to as the emergency order of the authority) is responsible for: a) the Assigned subdivisions, survey organisations reporting investment undertakings proposed project;
b) Delivered the unit can function project appraisal;
c) directs the units specified in point a of this paragraph, complete reporting proposed investment project advocates the Prime Minister, the Ministry of planning and investment, Ministry of finance and The central departments concerning emergency projects.
2. The Chairman of the provincial people's Committee, the command base of the emergency authority is responsible for: a) the delivery of specialized agencies or committees at district level report recommending investment undertakings of the project;

b) Affairs Department of planning and investment to host, in cooperation with departments concerned evaluation report suggested investment undertakings;
c) directing agency specified in point a of this paragraph, complete reporting proposed project investment undertakings according to the evaluation report provided for in point b of this Clause to send investment planning and General People's Committee of the report of the provincial government, the Prime Minister sent the Ministry of planning and investment The Ministry of finance and The central departments concerning emergency projects.
3. Ministry of planning and investment to host, in cooperation with the Ministry of finance to consider the additional capabilities of the central budget in order to implement the project or emergency items needed in the plan, the Prime Minister decided to investment undertakings and replenishment of the central budget in the year to perform.
4. Prime investment policy decision of the emergency project, including objectives, scale, total investment, location, the progress made, the structure of resources, in particular decision that the level of the central budget investment capital for the project.
Article 15. Order and procedure of investment policy decision for the emergency project group B and Group C using local budget balance capital 1. For projects using local budget balance capital provincial people's Committee Chairman granted the emergency order base of authority: a) the delivery of specialized agencies for emergency or project management committees at district level held the actual survey and reporting investment undertakings of the proposed project;
b) Affairs Department of planning and investment to host, in cooperation with departments concerned evaluation report suggested investment advocates project report provincial people's Committee decided to postulate additional sources of capital and investment to implement;
c) investment policy decision of the emergency project, including the objectives, scale, total investment, location, time, the progress made, the source of capital structure; The report at the provincial people's Council session near you about investment policy decision of the emergency project in Group B and Group C key project by the provincial administration.
2. for projects using local budget balance capital districts, communes, Chairman of the people's Committee at district level, emergency command base of the Township authority: a) the Affairs of professional bodies at district level, the report proposes investment undertakings;
b) Delivered professional body investment management or established authority to appraise the report proposes investment advocates project, reported the people's committees of the same level of investment policy decisions and additional funding to implement;
c) investment policy decision of the emergency projects, including: goals, total investment, scale, location, the progress made, the source of capital structure; The people's Council report the same level at the nearest session of the decision advocates the emergency project investment group B and Group C due to his level of key management.
Article 16. Principles, the time investment policy decisions and implement emergency projects 1. Principles of investment policy decision of the emergency project carried out according to the provisions in clause 1 Article 33 of law public investment.
2. procedure for decisions undertakings emergency project investment: a) for Group A project made under the provisions of article 23 of the law on public investment;
b) with respect to the project group B, Group C follow the abridged procedure provided for in article 14 and article 15 of this Decree to ensure quick implementation, soon brought the project to use.
3. Particularly for emergency projects, the category of emergency projects need to deploy immediately to overcome the disaster, Hurricane flooding, avalanche, embankment can cause levees, lakes, dams, avalanche of highways, rail causes traffic jam, the emergency in the field of defence , security, allow to implement the emergency order of authority. The procedure prescribed in clause 2 of this Thing will be prepared and finalized in the course of the project.
The addition of the emergency project in the medium term investment plan must meet the conditions stipulated by the law on public investment and Government decrees on the medium term investment plan and the annual.
Article 17. Principle, sequence, procedure for decisions undertakings for investment projects in the form of public private partnership 1. Principles of investment policy decision for the project in the form of public private partnership as defined in paragraph 2 of the investment law 33.
2. The procedures the decision advocates the investment project in the form of public-private partnership that uses the capital investment as stipulated in articles 23, 24, 25, 26, 27, 29, 30 and 31 of the law on public investment and article 18 of the Decree.
3. The procedures the decision advocates the investment project in the form of public private partnership does not use public investment under the provisions of the law on investment in the form of public private partnership.
Article 18. Principle, sequence, procedure for decisions undertakings using capital investment project development investment credit of State 1. Principles of investment policy decisions using the credit capital project investment development of State made according to the provisions in clause 1 Article 32 of the law on public investment.
2. The procedures the decision advocates the investment group A project made under the provisions of point b item 2 Article 32 of the law on public investment.
3. The procedures the decision advocates the project investment group B, Group C by the Ministry, the central agencies, the Central Agency of the Vietnam Fatherland Front and social-political organisations, agencies, other organizations and the provincial people's Committee manage to use the credit capital investment and development of the State of implementation as defined in the c , d and DD item 2 Article 32 of the law on public investment.
4. The project group B, Group C use capital investment credit of State development for business investment by corporations, corporations, businesses and State agencies, organizations, and individuals not subject to the provisions in paragraph 3 of this article: a) corporations Corporation, the State, businesses and agencies, organizations, individuals decide to project investment undertakings consistent with the provisions of paragraph 1 to article 32 of the law on public investment;
b) processes, procedures for lending decisions:-economic Corporation, State corporations, businesses, agencies, organizations, individuals proposed portfolio investments and prepare loan credit profile development investment of State sent Vietnam Development Bank (capital by the Vietnam Development Bank Management) and send the Bank (for social policy funding by the Bank of social policy management);
-The Development Bank of Vietnam and the social policy Bank loans and records appraisal decision for corporations, corporations, enterprises, State bodies, organizations, personal credit loans for investment and development of the State.
The specific provisions of the loan procedures, records, processes, and content evaluation projects using loans made under the provisions of paragraph 1 to article 32 and Article 69 paragraph 1 of the law on public investment and the legal provisions on the management of credit capital investment and development of the State and social policy credit.
Article 19. Content feasibility research report and report the proposed program investment undertakings, projects 1. The content report suggested investment undertakings investment program under the provisions of article 34 of the law on public investment.
2. Content of the feasibility study report of the project group A according to the provisions of article 35 of the law on public investment.
3. Content of the proposal report advocates the project investment group B, Group C according to the provisions of article 36 of the law on public investment.
4. Content of the proposal report advocates emergency project investment group B, Group C according to the provisions of article 36 of the law on public investment, which focused mainly content below: a) the nature and the urgency of the project;
b) scale, location and extent of the investment project;
c) total investment foreseen and the structure of capital investment projects, including: the capital of the central budget, in which the total amount of capital in the year of the plan; local budget; the other legitimate sources of capital; the resources of the Community contribution (if any);
d) expected the progress and quality of the project;
DD) preliminary identification, maintenance and operating costs in the mining phase of the project;
e) payment rules, compensation and clearance according to the provisions of the law on State of emergency, emergency situations;
g) solutions implementation.
5. Content of the proposal report advocates the investment portfolio Group C small scale of the national target program, including: a) portfolio;
b) The necessary investment, the conditions to make investments, evaluate the fit with the national target program;
c) total investment foreseen and the structure of the investment capital of the entire portfolio, including: the capital of the central budget, local budget, the other legitimate funds, resources of Community contribution (if any);
d) expected the progress of the project;
DD) Organization done solutions.
6. Content of the proposal report advocates the project investment group B, Group C is investing in the form of public-private partnerships implemented according to the provisions of article 36 of the law on public investment and to the provisions of the law on investment in the form of public private partnership.
Article 20. Profile evaluation of feasibility research report, the report proposes investment advocates program, project 1. Profile evaluation of feasibility research report, the report proposes investment advocates program, project include: a) the Newspaper suggested the authority to decide the investment policy program, project;
b) feasibility study report of the project group A; The report proposes investment undertakings national target programs, program objectives, the project group B, Group C according to the provisions of article 19 of this Decree;
c) internal appraisal reports;
d) report the evaluation of resources and balance ability of the competent authorities;
DD) Emergency Command Authority (apply for emergency projects);
e) other related documents at the request of the competent investment policy decisions.
2. Number of records appraisal submitted assessment Council or agency chaired the evaluation provided for in Paragraph 1 of this article according to the following rules: a) the proposed report advocated investing program: 20 sets of documents;
b) feasibility study report of the project group A: 15 sets of documents;

c) reports suggest the project advocates Group B, Group C: 5 sets of documents.
The Agency chairing the appraisal or valuation Council feasibility study reports, the report proposes investment undertakings may request the server program and project management agency to supplement the number of records appraisal if necessary.
Article 21. Profile evaluation of resources and ability to balance capital program, project 1. Evaluation profile the capital and capital balances capability program, the investment projects include: a) the evaluation sheet of suggested sources of capital and capital balances likely sent the Agency was assigned to assess sources of capital and capital balances capability;
b) feasibility study report of the project group A, the report proposes investment undertakings national target programs, program objectives, the project group B, Group C in accordance with the investment law and article 19 of this Decree;
c) internal appraisal reports;
d) comments of the people's Council or standing provincial people's Council for A group project; the project group B and Group C key use of the central budget, which had left the country, which government bonds on local management;
DD) other relevant documents (if any).
2. The number of records sent the Agency chaired the evaluation balance capabilities and capital which according to the provisions in clause 1 of this article is 5 kits.
The Agency chaired the evaluation balance capabilities and capital which according to the provisions of article 38 of the law on public investment can request server program and project management agency to supplement the number of records appraisal if necessary.
Article 22. The profile authority decisions undertakings investment program, project 1. The profile authority decisions undertakings investment program, the project includes: a) the documents specified in clause 1 of article 20 of this Decree; in which the content in the process and feasibility study reports, the report proposes investment undertakings specified in point a and Point b of paragraph 1 of article 20 of this Decree have been finalized according to the Board's appraisal report the appraisal or Evaluation Agency;
b) reported the Board's appraisal appraisal or evaluation agency about advocates programs, investment projects;
c) reports assess capital and capital balances capability program, the Agency's project evaluation and potential capital capital balance.
2. The number of records the authority to decide the investment policy program, the project specified in paragraph 1 of this article is 5 kits.
Authority decisions undertakings investment program, the project can request server program and project management agency supplement the number of records (if necessary).
Article 23. Content evaluation of investment undertakings investment program 1. Conformity with the criteria determining the national target program, the program objectives.
2. Compliance with the provisions of the law in the evaluation profile content.
3. Conformity with strategic objectives; planning and development of social-economic Department, territory; industry development planning, field.
4. The content of the provisions of article 34 of the law on public investment, in which the specific assessment of the basic parameters of the program, which includes: objectives, scope, investment object, time, progress made; the sources of capital and capital balances capability; mobilize other sources of capital.
5. socio-economic efficiency, environmental protection and sustainable development.
Article 24. Content evaluation of investment undertakings investment project 1. The need to invest in the project.
2. Compliance with the provisions of the law in the evaluation profile content.
3. Conformity with strategic objectives; planning and development of social-economic Department, territory; industry development planning, field.
4. Conformance with project classification criteria Group A, Group B and Group C. 5. The content specified in article 35 and article 36 of the law on public investment, in which the specific assessment of the basic parameters of the project, including the objectives, scale, form, scope, location, land use, time, the progress made, the main technology options solution of environment protection, the sources of capital and capital balances capability; the ability to recover capital and repayment in case of use of the loan;
6. socio-economic efficiency, environmental protection and sustainable development.
7. for urgent project due diligence about the urgency of need for the immediate implementation of the projects or project items.
8. With regard to investment projects in the form of public-private partnership, in addition to the content of the evaluation provided for in the paragraph 1, 2, 3, 4, 5 and 6 of this article, additional evaluation of the content of the provisions of the law on investment in the form of public private partnership.
Article 25. Content evaluation of sources of capital and capital balances the ability of program, project 1. Compliance procedures, internal evaluation, program profile, complete the project.
2. The suitability of the program, projects for investment capital; the suitability of purpose, audience, expected capital investment by using.
3. The ability to arrange funds for the program, a project of which medium-term investment plans of each of the disciplines, fields, program, each of the ministries, Central and local industry in the order of priority prescribed in the investment law and relevant laws.
The ability to balance the State budget, has divided the structure of the central budget and local budgets, national bonds, government bonds, the revenues left for investment but have yet to bring into balance the State budget, ODA and concessional loans of foreign donors capital investment credit, development of the State and other legal sources. The review likely balance of capital based on the expected capital needs of program, project investment in total investment in each capital of the medium term investment plan and the annual. For the State budget, is considering the possibility of capital balance of each level of the budget, the additional stake has superior budget's target for the budget, including which national target programs, which target programs and other additional items.
4. expected capital Level layout for the project by funding and the progress of specific capital layout time.
5. The other comments (if any).
Article 26. Time evaluation program investment undertakings, projects and send the results to verify 1. Time evaluation of feasibility study report of the project group A, the report proposes investment advocates program, project group B, Group C from the date the assessment Council or presiding evaluators receive sufficient valid records such as the following: a) the national target program : not to exceed 60 days;
b) program target: no more than 45 days;
c) project group A: not more than 45 days;
d) project group B: not more than 30 days;
DD) project group C: not to exceed 20 days.
2. The time appraisal of resources and ability to balance capital investment program, project since getting enough key documents such as the following: a) national target programs, the program target: no more than 30 days;
b) project group A: not more than 30 days;
c) project group B and Group C: not more than 15 days.
3. time the investment policy appraisal and evaluation of resources and the possibility of capital balance in Account 1 and Account 2 this only apply to the evaluation to stitch the authority to decide the investment policy program, public investment projects.
Internal evaluation time in the Ministry, the Central and local industry by the heads of ministries and Central People's Committee Chairman granted the specific regulations.
4. Case should prolong investor advocates, evaluators assess the capital and capital balances capability, the Agency chaired the appraisal or valuation Council are: a) reported prime time decision evaluation of feasibility research report national target program the target program, and A group project;
b) notification to competent authorities to decide the investment policy of the stretching of time evaluation report suggested advocates project investment group B and Group C;
c) grace period do not exceed the corresponding assessment period prescribed in clause 1 and clause 2 of this Thing.
5. The Agency chairing the evaluation of resources and ability to balance evaluation report capital expenditures and balance ability which as defined below: a) for a public investment program was established by the authorized authority report suggested investment advocates program : send the Council evaluation report suggested investment undertakings;
b) for Group A project made under the provisions of paragraph 4 to article 23 of the law on public investment;
c) for Group B and Group C projects: submit the Evaluation Agency; Project Management Agency; Agency for the evaluation of project investment undertakings and competent authorities decisions undertakings investing.
6. the authority or body chaired evaluation feasibility study report of the project group A, the report proposes investment advocates program, project group B and Group C assessment report as specified below: a) for a public investment program: send home program and the Agency has the jurisdiction to decide the investment policy;
b) for Group A project made under the provisions of Clause 5 Article 23 of the law on public investment, and sent to the Government Office reported the Prime Minister;
c) for project group B, Group C: send the agency process, project management agency and the Agency has the jurisdiction to decide the investment policy.
Article 27. The time to decide the investment policy program, project and time to send the decision advocates the General Authority for investment planning public investment 1. The time to decide the investment policy program, the project from the date decided by the authorized investment undertakings receive enough valid records such as the following: a) program target: no more than 30 days;
b) project group A: not more than 30 days;
c) project group B and Group C: not to exceed 20 days.
2. Within 15 working days from the date of the decision by the authorized investment programs, advocates of the project, The Central and local departments, program management, project:

a) Sent the Ministry of planning and investment and the Ministry of Finance: decisions undertakings investment program, project uses the central budget; the capital left the country; which government bonds; ODA and concessional loans of foreign donors; credit capital investment and development of the State; capital from the source currency to leave but not yet put into balancing the State budget of the central ministries;
b) send the Department of planning and investment, Department of finance, professional body investment management districts, communes: the decision advocates the investment programs, capital projects using local budget balance, which the local government bonds, investment capital from the source currency to invest but not yet put into local budget balance.
Chapter III ESTABLISHMENT, assessment, PROGRAM INVESTMENT DECISIONS, the INVESTMENT PROJECT Article 28. The authority, set up bases, due diligence, investment decisions program, project 1. Jurisdiction to decide the investment program, the project made under the provisions of article 39 of the law on public investment.
2. The base set, due diligence, investment decisions program, the project according to the provisions of article 40 of the law on public investment.
Article 29. The independent appraisal, investment decisions of public investment program 1. The independent evaluation, the decision of the national target program made according to the provisions of article 41 of the law on public investment.
2. The independent evaluation, investment decisions by the public investment program the Government investment policy decision made according to the provisions of article 42 of the law on public investment.
3. The independent evaluation of the investment decision, public investment programs due to the people's Council to decide the investment policy made under the provisions of article 43 of the law of public investment: a) for programs that use the entire capital budget balance provincial, local credit capital investment and development of the State capital, local government bonds, which from the source currency to invest but not yet put into balancing the local provincial budget, the sum of loans of the local budget, the Chairman of the provincial people's Committee established the Council of appraisal by the planning and investment appraisals Council to assess feasibility study report of the program;
b) for programs that use the entire capital budget balanced districts, communes, which from the source currency to invest but not yet put into balancing the budget districts, communes, Chairman of the people's Committee at district level, the established authority to appraise the feasibility study report of the program;
c) on the basis of the report of the assessment authority, owner of the complete program feasibility study report and the draft decision to the Chairman of the Investment Committee of the respective level mentioned in point a and point b this review decision.
Article 30. The independent evaluation of project investment decision, no construction component 1. The sequence and content of project investment decision by the Ministry, the Central sector: a) the head of the Ministry, the Central sector investor communication based investment policy was decided by the authorized establishment of the feasibility study report of the project; established authority or professional body investment management appraisal feasibility study report of the project;
b) Investor valuation opinion base at point a the clause improve the feasibility study report of the project to the head of the Central Department or agency heads directly subordinate to be decentralized or delegated project investment decision Group B, Group C as specified in point 39 of the law on Article 2 Paragraph c of the portfolio investment decisions;
c) Authority decided to invest in the project, including the principal content: project name; the investor; project consulting organization (if any); the goal, the scale of investment, the progress of the project; location; design technology (if any); technical regulation; total investment; capital and capital allocation is expected according to schedule; the Organization form of project management be applied;.
2. The sequence and content of project investment decision by the provincial level management: a) the Chairman of the provincial people's Committee delivered owner pursuant to investment undertakings was decided by the authorized establishment of the feasibility study report of the project to provincial people's Committee or the direct subordinate agencies are decentralized or delegated investment decision in accordance in point c of paragraph 3 to article 39 of the law of public investment;
b) people's Committee Chairman granted the authority established by a Vice Chairman of the provincial people's Committee Chairman, Department of planning and investment appraisals Council to assess feasibility study report of the project group A due to local management; the Department of planning and investment Affairs, coordinating the relevant agencies appraised feasibility study report of the project group B and Group C;
c) investor base valuation opinion in point b of this Clause complete feasibility study report of the project submitted for planning and investment, the Chairman of people's Committee of provincial level or lower level bodies directly be decentralized or delegated project investment decision Group B in Group C, as defined in point c paragraph 3 to article 39 of the law on public investment in investment decisions;
d) Authority decided to invest in the project, including the principal content: project name; the investor; project consulting organization (if any); the goal, the scale of investment, the progress of the project; location; design technology (if any); technical regulation; total investment; capital and capital allocation is expected according to schedule; the Organization form of project management be applied;.
3. The sequence and content of project investment decisions due to district level, civil administration: a) the President of the people's Committee at district level social, the investor base for investment undertakings was decided by the authorized establishment of the feasibility study report of the project; delivery of professional body investment management or established authority to appraise the feasibility study report of the project;
b) Investor valuation opinion base at point a complete this feasibility study report of the project people's Committee Chairman granted the district, town or direct subordinate agencies are decentralized or authorized under the provisions of Point c paragraph 4 to article 39 of the law on public investment in investment decisions;
c) Authority decided to invest in the project, including the principal content: project name; the investor; project consulting organization (if any); the goal, the scale of investment, the progress of the project; location; design technology (if any); technical regulation; total investment; capital and capital allocation is expected according to schedule; the Organization form of project management apply; ... Article 31. The independent evaluators, project investment decision has built components 1. The independent evaluation of the project component construction made under the provisions of the law on construction law and public investment.
2. For projects by the provincial level management: a) the Agency chairing the appraisal sent investors, sent the Department of planning and investment assessment report as specified in paragraph 1 of this article;
b), Department of planning and investment to host, in cooperation with the relevant authorities appraised the other contents of the feasibility study report of the project (if any); evaluation of the entire project to repair, renovate, maintain and upgrade the use of public investment (except projects using State budget) has a total investment of below 5 billion due to the management level; General evaluation results send the investor;
c) Investor valuation opinion base at point a and point b of this Clause complete feasibility study report sent the Department of planning and investment. The Department of planning and investment to scrutinize conformity with investment policy was approved by the authority and the ability to balance the resources, the General Chairman of the provincial people's Committee, or send the subordinate Agency is decentralized or authorized under the provisions of Point c paragraph 3 to article 39 of the law on public investment review project investment decision.
3. for the project due to the district level, the social level management: a) the Agency chairing the appraisal sent investors, and sent the specialized agencies-level investment management, social assessment report as specified in paragraph 1 of this article;
b) specialized agencies-level investment management, social host, in cooperation with the relevant authorities appraised the other contents of the feasibility study report of the project (if any); evaluation of the entire project to repair, renovate, maintain and upgrade the use of public investment (except projects using State budget) has a total investment of below 5 billion due to the district level, town Manager; General evaluation results send the investor;
c) Investor valuation opinion base at point a and point b of this Clause complete feasibility study report of the project sent specialized agencies about the Investment Management Committee Chair, district-level people's communes, or subordinate bodies are the people's committees at district level decentralization or authorized investment decisions.
4. The head of the Ministry, the industry and the Central People's Committee Chairman of the levels, or subordinate agencies are decentralized or delegated the decision on investment projects, including the content primarily under the provisions of the law on construction.
Article 32. The independent evaluators, project investment decision to the head of the emergency Ministry, the industry and the Central People's Committee Chairman the authority of project investment decision according to the provisions of article 39 of the law on public investment decision process, due diligence, investment decisions because of the emergency project the Central and local departments of management; Organization assessment, project design, approval and financing consistent with the provisions of the law on public investment, construction law and other related laws.
Article 33. The independent evaluators, project investment decision in the form of public-private partnership process, content creation, evaluation, project investment decision in the form of public private partnership made under the provisions of the investment law, construction law, article 30 and article 31 of this Decree and the Decree of the Government on investment in the form of public private partnership.
Article 34. The sequence, content creation, appraisal, investment decisions to adjust program, project 1. Authority decide to tailor your investments, the project made under the provisions of paragraphs 1, 2 and 3 Article 46 of the law on public investment.
2. the Server program, the project owner: a) the Organization reviews the full implementation of the programme of public investment projects, to propose adjusted; report results reviews program, public investment projects to competent investment decisions;

b) delivery of specialized agencies suggested reporting program adjustments, public investment projects. Tailor your reports, investment projects must clearly state the reasons to adjust; analysis of social economic efficiency and financial performance (if any) due to the adjustment program, public investment projects bring;
c) internal appraisal organization adjusting programs, investment projects, including the evaluation of sources of capital and capital balances capability in case of adjusted increase increases the scale of investment;
d) within 15 working days from the date of the valuation opinion prescribed in Point c of this Paragraph, complete report suggested adjusting programs, investment projects of public works Authority decided to adjust the program, public investment projects. In the case of adjustment programs, projects with a total investment of adjustment:-national target programs, program goals and heads of ministries and Central People's Committee Chairman granted the project manager use the central budget, which left the country capital, government bonds, which the official development assistance (ODA) and preferential loans of foreign donors, which from the source currency to leave but not yet put into balancing the State budget of the central ministries, Ministry of planning and investment, the Finance Ministry report suggested tuning program the project, to verify the source of capital and capital balances capability;
-Server program objectives and client projects using local budget balance equity, the other loan of local budgets to invest in sending competent authority report suggested adjusting the program, projects to assess the source of capital and capital balances capability;
DD) within 15 working days from the date of the valuation report in accordance with Point d of this Account, complete the report proposes to adjust the programme, projects under appraisal comments the authority decide to adjust the project program.
3. the Authority decided to adjust the program, approved project investment decision adapts the content specified in paragraph 4 of this Article and the time prescribed in clause 44 1 of this Decree.
4. content decided to adjust the program, public investment projects include the adjusted to correspond with the content of the programme decision, investment projects stipulated in the investment law and the provisions of this Decree.
Article 35. Evaluation profile the investment program 1. Records appraisal program: a program assessment process Sheets), including: the need for investment programmes; the objective and principal content of the feasibility study report of the program; recommendations Authority decided the investment program;
b) feasibility study reports the program as specified in paragraph 1 to article 47 of the law on public investment;
c) other related documents used for the evaluation of programs, public investment projects.
2. Number of records appraisal program of public investment posted the Agency chairing the appraisal or valuation Council of 20 kits. The Agency chairing the appraisal or valuation Council can request the home additional program evaluation profile number if necessary.
Article 36. Evaluation profile the investment project 1. Evaluation profile the investment project without building components: a) the sheets of the project appraisal, including: the need for investment projects; the objective and principal content of the feasibility study report of the project; recommendations Authority decided the investment project;
b) feasibility study report of the project as defined in paragraph 2 of the law of the 47 public investment;
c) report by the Vietnam Fatherland Front General-level comments residential community where the project as specified in paragraph 2 to article 82 of the law of public investment;
d) other related documents used for the evaluation of programs, public investment projects.
2. Records of public investment project appraisal have the building component according to the legal provisions regarding construction, residential community's opinion specified in point c of Paragraph 1 of this article and the provisions of relevant laws.
3. Number of records appraisal sent the Agency chairing the appraisal or valuation Council: a) the project does not have A team building component is 15 kits;
b) for projects without building components Group B and Group C is 10 sets of documents;
c) for projects with components built according the law on construction.
The Agency hosted evaluation may require project management agency supplement the number of records if necessary.
Article 37. The profile Authority decided the investment program, project 1. The profile Authority decided the investment program, project: a) the sheets of the Authority decided to invest program, project and feasibility study report have been perfected according to evaluators;
b) decisions undertakings investment program, a project of the authority;
c) reports assess capital and capital balances capability;
d) reports assess feasibility study report;
DD) other relevant documents.
2. The number of records the decision authorized the program, projects as defined in Paragraph 1 of this article: a) for the program is 3 sets of documents;
b) for A group project is 3 sets of documents;
c) for project group B, Group C is 2 sets of documents.
The decision authorized the investment program, the project may require the Agency to decide the investment profile of the program, additional projects the number of records if necessary.
Article 38. Profile evaluation of resources and balance ability for capital programs, tuning project 1. The profile authority evaluation funding and balance ability for capital programs, tuning project include: a) the evaluation sheet of suggested sources of capital and capital balances capacity adjustments increase the total cost of the program, the project submitted the competent authority;
b) first investment decisions of program, project and investment decisions of previous adjustment program, the project (if any);
c) reports assess capital and capital balances the ability of program, project to the Authority decided to first investment undertakings and the previous adjustments;
d) internal appraisal reports adjusted program investment decisions, project;
DD) other relevant documents as required by the Evaluation Agency (if applicable).
2. The number of records sent the Agency chaired the evaluation balance capabilities and capital which according to the provisions in paragraph 2 of article 21 of this Decree. The Agency chaired the evaluation balance capabilities and capital programs, capital projects can request the server program and project management agency to supplement the number of records if necessary.
Article 39. The profile Authority decided to tailor your investments, projects 1. The profile Authority decided to tailor your investments, the project includes: a) the Sheet Authority decided to tailor your investments, projects; clarify goals, reasons adjusted as specified in paragraph 1 to article 46 of the law on public investment;
b) decisions undertakings investment program, a project of the authority;
c) decided to invest program, the project authority's first decision and investment decisions of previous adjustment authority (if any);
d) report the evaluation of resources and ability to balance capital program, according to the total investment projects adjusted;
DD) reported internal evaluation program adjustment proposals, projects and other evaluation reports under the provisions of the law (if any);
e) test report, reviews the implementation of the programme, projects under the provisions of paragraph 3 to article 46 of the law on public investment;
g) other related documents.
2. The number of records the Authority decided to tailor your investment project, as defined in clause 2 Article 37 of this Decree. The decision authorized the investment program, the project may require the Agency to supplement the number of records if necessary.
Article 40. Content of the appraisal program, project 1. Content evaluation of national target programs, the program goals include: a) The adherence to the rule of law in the profile content evaluation;
b) the fit of the program with the investment program has been approved by the authority;
c) content feasibility study reports the program prescribed in clause 1 Article 47 of the law on public investment;
d) conformity with sources of capital and capital balances ability were competent authorities appraise; the fit between the total investment of the program with the medium term investment plan and annually; the structure of the central budget, local budget and other sources of legal capital; the ability to recover capital and repayment in case of using the loan.
2. Content of the public investment project appraisal with no construction components, including: a) The adherence to the rule of law in the profile content evaluation;
b) conformity of the project with the investment project has been approved by the authority;
c) content feasibility study report of the project prescribed in clause 2 of 47 law of public investment;
d) conformity with the evaluation report on the sources of capital and capital balances capability; the fit between the total investment of the project associated with the balance of capital in the medium term investment plan and annually; the structure of investment capital, ability to balance capital investment and the mobilization of the resources, other resources to implement the project; reviews of the operating costs, maintenance, maintenance, major repairs in the extraction process;
DD) the impact of the project to the development sectors, areas, regions and localities; to create additional sources of budget revenues, employment, income and life of people; the impact on the environment and sustainable development.
3. Content of the public investment project appraisal have the construction components as defined in paragraph 2 of this Article and the law on construction.

4. During the program evaluation, public investment projects with the content specified in the paragraph 1, 2 and 3 of this article must scrutinize, collated with the provisions in the decision advocates the investment has been approved by the authority. The only goal of the scale, the total investment of the project, including the capital structure should not exceed the levels specified in the decision of investment undertakings. Case of real need to adjust the scale increases, increases the total cost of the program, the project compared the provisions of decision investment undertakings shall report the agency decisions undertakings for investment ideas and to assess back and likely capital capital balance. If the adjusted scale, but does not increase the total investment and still ensure the objectives of the project as in the decision of investment undertakings shall not assess back capital and capital balances capability.
Article 41. Content evaluation programs, investment projects adjusted 1. Content evaluation of national target programs, the program goals include: a) The content of the provisions of Article 40 paragraph 1 of this Decree;
b) compliance with the provisions of the law on the adjustment of the program under the provisions of paragraph 1 and paragraph 3 Article 46 of the law on public investment and of this Decree.
2. Content of the public investment project appraisal includes: a) as defined in paragraph 2 and paragraph 3 Article 40 of this Decree;
b) compliance with the provisions of the law on the adjustment of the project as defined in paragraph 2 and paragraph 3 Article 46 of the law on public investment, building legislation and this Decree.
Article 42. Content evaluation of resources and balance ability for capital programs, tuning project 1. Compliance procedures, internal evaluation on the adjustment increased total investment, improve the record.
2. The evaluation of resources and balance ability for the capital increase the total investment of the project is consistent with the provisions of the law on public investment, the ability to balance the investment capital in the medium term of 5 years. The evaluation report should clarify: a) the suitability of the project about the purposes, objects, the field, the programme is expected capital investment by using.
b) layout possibilities for the adjustment increase the total investment of the project out of which medium-term investment plans of each industry, the field, the programme of the Central and local departments in accordance with the law.
3. capital Level layout for the project from funding proposal evaluation and specific capital layout time.
43 things. Time evaluation program, project 1. Program evaluation time, the invesment projects without building components since getting enough key documents such as the following: a the national target program): not more than 30 days;
b) program target: no more than 30 days;
c) project group A: not more than 30 days;
d) project group B: not more than 30 days;
DD) project group C: not to exceed 20 days.
2. time the investment project appraisal have the construction components perform prescribed law of construction.
3. evaluation period in paragraph 1 of this article applies only to stitch the appraisal to the competent approval program investment decisions, the investment project. Internal evaluation time in the Ministry, the Central and local industry by the heads of ministries and Central People's Committee Chairman granted the specific regulations.
4. where the need to extend the time, program evaluation project: a) Ministry of planning and investment to report the Prime Minister to extend the time allowed to appraise national target programs, the program objectives;
b) Department of planning and investment, the evaluation Council must report the Chairman of people's Committee of the same level allows for long stretches of time appraising investment program uses the whole budgetary balance local capital, which the local government bonds, which from the source currency to invest but not yet put into local budget balance and the account of loan the local budget to investments and investment projects on local public administration;
c) Agency chairing the appraisal or valuation Council investment projects, the Agency must notify the project investment decision assessment time spans;
d) prolonged evaluation time specified at points a, b and c of this paragraph do not exceed the respective evaluation periods are defined in paragraph 1, 2 and 3 of this article.
Article 44. Decision time and decide to adjust the project, program and time to send the decision and decided to adjust programs and projects for the general body plan of public investment in the medium term and the yearly 1. Time investment decisions and decided to adjust the programme of public investment projects, since the authority to decide the investment program, the project got enough valid records according to the following number of days: a national target program): not more than 30 days;
b) program target: no more than 20 days;
c) project group A: not more than 20 days;
d) project group B and Group C: not more than 15 days.
2. Within 15 working days from the date the authorized investment decision or the decision to adjust the program, project, The Central and local departments, program management, project: a) Government Office, Ministry of planning and investment and the Ministry of Finance: investment decisions and decided to adjust the program the project, using the central budget; the capital left the country; which government bonds; ODA and concessional loans of foreign donors; credit capital investment and development of the State; investment capital from the source currency to leave but not yet put into balancing the State budget of the central ministries;
b) Department of planning and investment, Department of finance, professional body-level investment management, investment decisions: Township and decided to adjust programs, capital projects using local budget balance, which the local government bonds, investment capital from the source currency to leave but not yet put into local budget balance.
Chapter IV MANAGEMENT of PROJECT INVESTMENT of CONSTRUCTION COMPONENTS with NO Article 45. Project management organization 1. The investment decision decided to form a project management organization consistent with regulatory requirements and specific conditions of the project, ensuring the implementation of the investment objectives, the efficiency of the project has been approved.
2. for projects using ODA, concessional loans of foreign donors, the Organization form of project management according to the provisions of international treaties about ODA or the agreement with the donor. Case international treaties about ODA or the agreement with the donor does not have specific provisions, the governing body of the project made under the provisions of Paragraph 1 of this article.
3. for investment projects in the form of public-private partnership, the project management organization under the provisions of the law on investment in the form of public private partnership and related laws.
4. for urgent project: a) the authorized project investment decision according to the provisions of article 39 of the law on public investment decisions to the Organization of the emergency project management; Supervision Organization and delivery of the completed projects consistent with the provisions of the law on public investment, construction law and other related laws;
b) Authority project investment decisions according to the emergency command specified in point a of this Paragraph may be delegated to the owner to decide, is responsible for the Organization of the project management from project stage, survey, design, construction and completion stages to put the project into operation , and responsible use of that authorisation.
Article 46. The design of the project 1. Design project can have one or many different steps, due to the decision by the authorized investment decisions depending on the type of project and implementation forms. Specifically: a) the preliminary designs to establish feasibility report of the project group A, the report proposes investment project advocates Group B and Group C;
b) design in investment decision phase, project implementation:-for the C minor scale group project has a total investment of under 15 billion apply step 1 design is the design drawing (if any);
-The project group B and Group C projects have a total investment of 15 billion or more, apply 2-step design is design and design drawing (if any);
-For Group A project, apply step 3 design is the basic design, design, engineering and construction drawings designed (if available);
-The steps of other designs according to international practices (if any).
2. Content of the preliminary designs and steps in the design stage of the investment decision and the implementation specified in Paragraph 1 of this article follow the legal provisions on the management of construction projects, except the contents of building design.
3. for projects using ODA, concessional loans of foreign donors, number of steps designed to be applied under the provisions of the international treaties about ODA or the agreement with the donor. Case international treaties about ODA or the agreement with the donor does not have specific regulations, the number of steps the design was made according to the provisions in clause 1 and clause 2 of this Thing.
4. apply project design from two steps back up according to the provisions of point b of this clause 1, the following steps are designed to match with the content, the primary design parameters in the previous step.
Article 47. The content and determine the total investment of the project 1. The total investment of the project is estimated to cost of investment projects to be determined consistent with preliminary designs and other content of the feasibility study report of the project group A, the report proposes investment project advocates Group B and Group C. The total investment of the project is calculated on the basis of the scale capacity, or capacity of project and capital productivity or cost data of similar projects on the type, scale, nature of the project has been or is being made, there are additional adjustments, other necessary expenses.

2. The total investment of the project is the entire cost of the investment projects identified more specifically match the basic design or design 1 step specified in point b of paragraph 1 to article 46 of this Decree and other contents of the feasibility study report of the project. Content total investment of the project include: the costs of purchasing the property, homes, land, etc.; the cost of raw materials, spare parts, components, equipment costs; the cost of public money, salary; consultancy costs; the cost for mass arises and slippage; management costs and other expenses.
3. the content of the total investment cost: a) the costs of purchasing the property, homes, land, etc.;
b) the cost of raw materials, spare parts, components, ... to carry out the project, such as: project sync device fabrication, shipbuilding, etc.;
c) costs include equipment costs of purchasing equipment and technology equipment, the cost of training and technology transfer (if any), the cost of installation, test, calibrate, ...;
d) salary costs, public money to implement the project;
DD) depreciation of property, machinery, equipment, etc.;
e) transportation costs, insurance; taxes and fees, other related costs;
g) consulting costs include the cost of surveying consultant, established the feasibility research report, the report proposes investment undertakings, feasibility study reports, design costs, the costs of supervising projects and other related consulting fees (if any);
h) backup costs include costs for workload incurred and costs for sliding elements during project implementation;
I) management costs and other expenses.
4. The method of identifying some specific costs in the total investment of the project is as follows: a) the costs of purchasing the property, homes, land is determined on the basis of area, capacity or capacity according to the design basis and in accordance with established time total investment the location of investment, project;
b) the cost of raw materials, spare parts, details (if any) to the project for construction equipment, ship, ... are calculated on the basis of the quantity, quality, according to the technical requirements and market prices;
c) equipment cost is determined on the basis of the quantity, type of device or system of devices according to the technological approach, the technique and the equipment of choice, market price and other related costs;
d) costs salaries, remuneration based on the standards and norms, the wages, the wages of workers in accordance with the law;
DD) depreciation of property, machinery and equipment according to the prescribed regimes; the case of outsourcing based on the rental of property, machinery and equipment, according to the market price;
e) transportation costs, insurance; taxes and fees, other related costs are calculated according to the provisions of the law and shipping rates;
g) costs are determined by consulting the advisory work of similar projects already implemented or determined by estimate according to each account for consultation according to the norm (if available) or market price;
h) costs for the work may arise more and slippage during implementation of the project is determined by the percentage (%) on the total investment and cost factor specified in paragraph 3 of this article; i) management costs and other costs to be determined under the provisions of the law and characteristics , project management organization.
Article 48. The content and determine project estimation 1. Project estimation is the entire costs needed to implement the projects identified in the implementation phase of the project fit the feasibility study report of the project and approved project design; the other work required to be done.
2. The content of project estimation is the costs specified in paragraph 3 Article 47 of this Decree.
3. Estimation of projects is determined on the basis of calculating the expenses prescribed in paragraph 4 to article 47 of this Decree at the time of the estimate project.
Article 49. Competence assessment, design approval, project estimation 1. For the project by the Ministry, the Central sector: professional body of public investment management, the Central sector chaired the organization design, estimation of investment projects and the authority of project investment decision (according to the provisions of article 39 of the law on public investment) for approval.
2. In the project group A and Group B, Group C projects by the provincial people's Committee of management: Department of planning and investment to host, in cooperation with the Department of management evaluation organization design, estimation of investment projects and the President of the provincial people's Committee or agency be decentralized or delegated the decision on investment (as defined in point c paragraph 3 to article 39 of the law on public investment) for approval.
2. for the project due to a people's Committee at district level, the social level of project management and Group B, Group C is the provincial people's Committee or authorized hierarchy decided to invest: professional bodies in public investment management committees at district level, the social level chaired the evaluation design investment estimation, of the project to the President of the people's Committee at district level, the social level approval.
Article 50. The sequence, procedure and time estimation, design project 1. The owner send design, project estimation for specialized agencies to manage public investment under the provisions of article 52 of this Decree.
2. Specialized agencies public investment management, coordinating the relevant agencies the organization assess the content of design, estimation according to the provisions of article 51 of this Decree. In the course of the evaluation, the Agency chaired the evaluation be invited organizations, individuals with expertise, appropriate experience join partial evaluation design, estimation of investment projects to serve his appraisal.
3. The time appraisal of investment estimation, design of specialized agencies managing public investment since getting enough valid records such as the following: a) for A group project: not more than 30 days;
b) with respect to the project group B: not more than 30 days;
c) for project group C: not more than 20 days.
Article 51. Content evaluation, design approval, project estimation 1. Content design, project estimation includes the content prescribed in article 47 of this Decree and the content of the provisions in paragraph 2 of this Article.
2. content approving the design, estimating project include: a) General information about the project: project name, project items (specify team project); owner, contractor design projects; the location of investment (if any);
b) scale, technology, technical data and economic indicators, mainly of technical projects;
c) national technical regulation and standards are applied;
d) The main design solutions of project items and the whole project;
DD) investment projects estimation;
e) The complete additional required design profile and other content (if any).
3. approval of design time project estimation: the authorized project investment decision approving the investment estimation of the project from the date of receipt of a valid application as follows: a) for A group project: not more than 15 working days;
b) with respect to the project group B: not to exceed 10 working days;
c) for project group c: no more than 5 working days.
Article 52. Design evaluation profile and investment estimation 1. Process design of sheet.
2. The theory of intelligent design, the design drawings (if any), related survey documents.
3. A copy of the decision of project investment policy and investment decision attached project profiles of approved design.
4. Report of the investor about the suitability of the profile design than regulations.
5. Estimation of investment projects.
Article 53. Trials put the project into operation using 1. The project was put into use when the complete investment according to the approved design, the correct operation of the technical requirements and satisfactory quality.
2. Depending on the specific conditions of each project, can delivery items, projects or components of projects completed to put into exploitation, use.
3. Minutes of the transfer test items to the project, the project components or the entire project completed is grounded to the owner brought the project to harness the use and investment capital.
4. delivery of project profile include: completion of the project; documentation, operating manuals; project maintenance regulations.
5. investment project profile should be submitted to archive as specified by the law of the State archives.
Article 54. Ended investment project 1. Ended investment project when the investor received the delivery of the whole project and the project most of the time covered by the regulations.
2. Prior to delivery of the project, the contractor must move off their assets (if any) out of the construction area.
Article 55. Operation of the project 1. After receiving delivery of the project, the investor or the assigned organizations manage the use of responsible projects operate, ensure effective mining project in accordance with the purpose and the technical-economic indicators has been approved.
2. The owner or assigned management organizations using the project is responsible for performing maintenance, maintenance, upkeep of prescribed projects.
Chapter V the DUTIES and powers of the agencies, organizations, INDIVIDUALS in ESTABLISHED, due diligence, INVESTMENT POLICY DECISIONS, INVESTMENT DECISIONS program, PUBLIC INVESTMENT PROJECTS and PUBLIC INVESTMENT PROJECT MANAGEMENT Article 56. The duties and powers of the Government 1. Unify the management of the State of establishment, due diligence, investment policy decisions, investment decisions, programs of public investment projects.
2. The National Assembly decided to investment undertakings national target programs.
3. Decisions undertakings investment goal program prescribed in clause 2 article 17 of the law on public investment.
Article 57. The duties and powers of the Prime Minister 1. Decision, the directive concerning the establishment, due diligence, investment policy decisions, investment decisions, the investment project program.
2. Decide the investment policy and investment decisions, program projects as defined in paragraph 3 article 17 and paragraph 1 of Law 39 Thing public investment.
3. Decides to establish: a) the Council authority to appraise investment policy and investment decisions of the national target program;
b) interdisciplinary Assessment Board to assess the investment policy and investment decisions of program objectives, the project group A according to the provisions of the investment law.
Article 58. The duties and powers of the Ministry of planning and investment

1. Counsels for the unity Government of the State of management, due diligence, investment policy decisions, investment decisions program, public investment projects; managing the project portfolio has no construction component.
2. Issued or chaired the study preparation, the authority issued the legal documents related to the preparation, appraisal, investment policy decisions, investment decisions, program projects; managing the project portfolio has no construction component.
3. The Prime Minister established the Council of the authority, the authority, the Council of evaluation to assess the program, projects of the Group A authority to decide the investment policy, the investment decisions of the Parliament, the Government, the Prime Minister.
4. Hosted, in cooperation with the relevant agencies to organize the evaluation report suggested the investment policy, assessing capital and capital balances capability programs, investment projects according to the legal provisions on public investment.
5. Guidance and training organizations, training, capacity building, professional career service for staff, civil servants, officers of the central ministries and local authorities in the preparation, appraisal, investment policy decisions, investment decisions, the investment project program.
6. Inspect, inspect, supervise, assess, decide the investment policy, the investment decisions of the program, the investment projects of the central ministries, local.
Article 59. The duties and powers of the Ministry of finance 1. Hosted, in cooperation with the Ministry of planning and investment guide, Central and local industry estimating spent his career, often to perform the task in the paragraph 1, 3, 4 and 5 to article 15 of the law on public investment.
2. In coordination with the Ministry of planning and investment in the evaluation of sources of capital and capital balances capability programs, capital projects of the central budget, which had left the country, which government bonds and other public investment capital by the Central Administration under the provisions of the investment law.
Article 60. The duties and powers of the Ministry of industry, Central 1. Held up, the internal evaluation: a) feasibility study report, the report proposes investment undertakings, feasibility study report national target programs, the target program by the Ministry, the Central sector master program in function, the tasks assigned by the Government;
b) feasibility study reports, the report proposes investment undertakings, the feasibility study report of investment projects by the Ministry of industry, the Central sector.
2. Decisions undertakings for investment projects of the Group B and Group C according to the jurisdiction rules in paragraph 4 Article 17 of the law on public investment.
3. Investment decisions of public investment projects as defined in paragraph 2 of the law on 39 public investment; decentralized or delegated to subordinate agencies of project investment decision Group B and Group C (if needed) according to the provisions of point c of Article 39 of the law on item 2 public investment.
4. The promulgation of guidelines, standards, procedures, technical-economic norms as a basis reporting feasibility research report suggested the investment policy, the feasibility study report of the project in function, the tasks assigned by the Government and in accordance with the law.
5. decision on the Organization of the public investment project management with no construction component under the provisions of the law on public investment and related laws.
6. Join the State appraisal board national target programs, interdisciplinary evaluation Council of the program objectives and the project group A or President of the Board of project appraisal Group A according to the decision of the Prime Minister.
7. In collaboration with the Ministry of planning and investment in the evaluation of the programme, projects under the provisions of the law.
8. the prescribed duties of the professional body of public investment management, the Central sector on establishment, due diligence, investment policy decisions, investment decisions and program management, public investment projects.
9. Guide and check, supervise, assess, decide investment undertakings investment decisions, programs, projects and project management of public investment in the range of functions, tasks are assigned according to the provisions of the law on public investment and construction legislation.
Article 61. The duties and powers of the people's Council levels 1. Decisions undertakings investing public investment program in its level of management as defined in art. 1 Article 91 of the investment law.
2. Decisions or authorize the people's Council the same level of consideration, for comments, decisions undertakings investment projects using capital management co., his subordinates in accordance with point b and point c of paragraph 1 to article 91 of the investment law.
3. Supervise, assess investment policy decisions, investment decisions, programs on local project management.
4. separate provincial councils in addition to the duties and powers provided for in the paragraph 1, 2 and 3 of this article, the decision criteria for key project team C as defined in paragraph 3 of article 5 of this Decree.
Article 62. The duties and powers of the people's Committee of the level 1. Held up, evaluation and the same level people's Council to decide the investment policy of the project as defined at points a, b and c of Paragraph 2 to article 92 of the law on public investment, point a and point c of paragraph 3 to article 93 of the investment law and the provisions of this Decree.
2. decision on project investment undertakings as defined in paragraph 3 Article 92 Article 93 paragraph 4 of the law and public investment.
3. program investment decisions, the investment project as defined in point a and point b paragraph 3, point a and point b paragraph 4 to article 39 of the law of public investment; Chairman of the provincial people's Committee and the district level or hierarchy or delegated to subordinate agencies decided to project investment group B, Group C according to the provisions in point c paragraph 3 and point c paragraph 4 Article 39 of the law on public investment.
4. The decision on the management of public investment projects without building components in their management level under the provisions of the law on public investment and related laws.
5. organizations consulted opinions of the agencies, organizations, businesses and communities about investment decisions undertakings investment programs and projects in accordance with the law.
6. Examine the observance of the provisions of the law on establishment, due diligence, investment policy decisions and programs of investment decisions, the investment project of the subdivisions.
7. separate provincial people's Committee in addition to the duties and powers provided for in the paragraph 1, 2, 3, 4, 5 and 6 of this article, the organization performs the following tasks: a) The people's Councils at the same level through key project criteria C, local groups;
b) prescribing duties of the departments at provincial and sector regulation coordination between branches and levels of the local in the preparation, evaluation, decisions undertakings investment decision and investment programs, investment projects on local public administration;
c) in collaboration with the Ministry, the Central sector in the making, due diligence, investment policy decisions, investment decisions program, public investment projects by the Ministry of the Central sector, the province's management when required.
Article 63. The duties and powers of the Vietnam Fatherland Front of Vietnam Fatherland Front-level tasks, the monitoring powers of the community the provisions of article 95 of the law on public investment.
Article 64. The duties and powers of the Department of planning and investment to 1. Hosted, in cooperation with relevant agencies, the Chief of the provincial people's Committee: a key project criteria) Group C due to local management;
b) Regulation coordination between branches and levels of the local in the preparation, evaluation, decisions undertakings investment decision and investment program, local project management;
c) report proposes investment advocates target programs on local management under the provisions of the investment law;
d) report suggested the investment policy and investment decisions in the provincial project management;
DD) the provisions relating to the management of public investment projects without building components.
2. Do the Council assess the feasibility research report, the report proposes investment advocates program, provincial project management and preparing the opinion of the provincial people's Committee reported level has the authority to decide the investment policy of the project to use the central budget on local management.
3. Do the due diligence or Council presided over the approval evaluation of investment decision-making, design and estimation of investment projects in the construction components do not have provincial management and other projects as assigned by the provincial people's Committee.
4. Hosted, in cooperation with the Department of finance evaluation of the capital and capital balances the ability of projects using local budget balance capital, which the local government bonds, which from the source currency to invest but not yet put into local budget balance.
5. Organize, guide, professional appraisal, investment policy decision of programs, projects and investment decisions of public investment projects without building components for the departments of the province and district level.
Article 65. The Council of State and Council of the appraisal the appraisal industry 1. The Council of the authority due to the Prime Minister responsible decided to establish: a) the evaluation report suggested investment undertakings national target programs to complete program to send home the Council authority, reported the Prime Minister, the Government submitted to the National Assembly to decide the investment policy;
b) appraisal report feasibility study national target programs to complete program to send home the Council authority, reported the prime investment decisions.
2. interdisciplinary evaluation Council by the Prime Minister has decided to establish the mission: a) the evaluation report suggested investment advocates program goals to complete program owners report suggested the investment policy of the Prime Minister reported the Government decision on investment undertakings;
b) appraise feasibility study report of the project group A to The Central and local departments complete the prime consideration, investment policy decisions.

3. The Council of State assessment, interdisciplinary assessment Council consists of the Chairman, Deputy Chairman and other members of the Council. Chairman of the authority, the Council of the interdisciplinary assessment is the Minister of planning and investment; The Vice President and the other members of the Council are representatives of the central ministries, relevant agencies led by the Prime Minister decides according to the proposal of the President of the Council.
4. The Council of the authority, the authority of interdisciplinary work in collective mode under the chairmanship of the President of the Council.
5. The Chairman and the members of the Board of the State assessment, interdisciplinary Assessment Board responsible to the Prime Minister about the Organization of evaluation and assessment activities under tasks, comments reviews, conclusions and recommendations for the evaluation of programs and projects.
6. The Council of the authority, the authority could award themselves interdisciplinary after completing the prescribed assessment work.
Article 66. The responsibility of the President, Vice-President and Board Member authority, interdisciplinary evaluation board 1. The responsibility of the Chairman of the authority, the Council of the interdisciplinary evaluation: a) approved the work program, regulation, plan the work of the Council and other related matters in the process of evaluating the program, the project after the Council voted unanimously; the decision to convene the Council meeting; chairing the sessions of the Council; assigned responsibility for the Vice President and the members of the Board;
b) decisions establishing the interdisciplinary evaluation specialist or help the Board depending on the job requirements;
c) in the case of need, the President can authorize the Vice President to convene and preside over the sessions of the Council or the previous Government report some content or task assigned by the President of the Council;
d) decide the hiring and selection consultants involved evaluation of the program, the project group A (if necessary).
2. The responsibilities of the Vice Chairman of the authority, the Council of the interdisciplinary evaluation: a) the direction, monitoring, perform the duties of the Council by the President of the Council assigned. Regular intelligence reports make the tasks assigned by the President of the Council;
b) helps the President of the Council to review, evaluate and report the activities of the Council to the Prime Minister.
3. The liability of the members of the Board of the State assessment, interdisciplinary evaluation board a) comments on the content of the program evaluation function in the project, the Mission of The Central and local departments are assigned responsibility and common issues of programme and projects;
b) mobilize human resources, media work, research facility administered to complete assigned tasks;
c) attend the session of the Council, to exchange opinions on the evaluation content and vote on the conclusions of the Council when necessary. Special circumstances could not attend live meetings, Board Member authority, interdisciplinary evaluation board are of the opinion, in writing, authorize a representative to attend. The opinion of the authorized representative is the comments of Board members.
Article 67. The rights and responsibilities of the agencies, organizations, individuals related to the creation, evaluation, decisions undertakings investment decision and investment program, project the rights and responsibilities of the agencies, organizations, individuals related to the creation, evaluation, decisions undertakings investment decision and investment program the project, undertaken in accordance with articles 96, 97, 98, 99, 100 and 101 of the law on public investment.
Chapter VI PROVISIONS Enacted 68. Transitional provisions 1. The handling of the program, the project has been authorized to decide before the investment law is in effect, but not yet deployed capital: a) made under the provisions of paragraph 1 to article 106 of the law of public investment;
b) projects are delivered by the authorized capital from the investment plan 2015 onwards follow the plan layout of capital, not made up, due diligence, investment policy decision under the provisions of the investment law;
c) project until the end of 2015 plan have yet to be arranged, the authorized capital of the project, but before 1 January 2015 were competent authorities appraise the source of capital and capital balances, ability to accept specific public investment levels, no back stitching authentication source of capital and capital balances; make up, evaluation, decisions undertakings investment project under the provisions of the investment law and of decrees under which level has been verified by the authorized capital and capital balances.
For the approved project investment undertakings do not change compared to the investment decision has to be approved before the investment law takes effect: the authorized capital layout plan and medium-term public investment annually for projects under the investment decision has been approved.
For the approved project investment undertakings for other projects with investment decisions have been approved: approval by the authorized leave of project investment decision in accordance with the investment policy was approved by the authority. The Prime Minister and people's committees of all levels only the medium term investment plan and yearly for the project according to the approved investment decisions.
2. With regard to the approved project investment decision, use of resources other than public investment capital, if converted to the capital from the planned 2016 to implement should conduct evaluation of resources and ability to balance capital, investment and policy decisions approving leave investment decisions in accordance with the provisions of the investment law and the law related.
3. The project not yet competent investment decision prior to the investment law in force: a) make the preparation, appraisal, investment policy decisions and investment project decisions under the provisions of the law on public investment and of this Decree. Particularly for the project before 1 January 2015 has been approved by the Prime Minister for specific capital levels or were the Ministry of planning and investment appraisals and capital capital balance, ability to accept specific public investment levels, then no need to verify again and likely capital capital balance (if there is no increase in the total investment needs);
b) project was granted the authority to decide the investment policy is not in the correct order, the procedure prescribed in the law on public investment, must perform the work, due diligence, investment policy decisions and investment decision under the provisions of the investment law;
c) projects have been deployed in capital investment plans in 2015, but not yet approved investment decisions, are made up, due diligence, investment policy decisions and investment decision under the provisions of the investment law.
4. for the County, district, ward during the implementation of the pilot program is not held at the same level people's Council, is a unit of the State budget estimates of the Ministry of communications. The preparation, appraisal, decision of investment undertakings according to the regulations of the people's Committee.
Article 69. Terms of implementation 1. The Decree has effect from the date of Feb. 15, 2016. The previous provisions contrary to the provisions of this Decree are repealed.
2. The Minister of planning and investment to guide the implementation of this Decree (if necessary).
3. Ministers, heads of ministerial agencies, heads of other central bodies, the Chairman of the provincial people's Committee, central cities and heads of agencies, relevant units responsible for the implementation of this Decree.