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THE GOVERNMENT.
Number: 131 /2015/NĐ-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 25, 2015
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DECREE
National key project guide
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Government Law Base May 25. 1 2, 2001;
Public Investment Law Base 1 June 8, 2014;
The Investment Law Base November 26, 20 1 4;
Bidding Law on November 26, 20. 1 Three.
- What? n the Law Building on June 18, 2014;
At the suggestion of the Minister of Planning and Investment;
The government issued a guidate on the national key project.
COMMON RULES
This decree guidelines on the national importance project, including: Organization and activities of the State appraisal Council; records, appraisal procedures and the content of national importance project appraisal; hiring of appraisal and appraisal advice, which is the case. Check out the national important project.
This decree applies to institutions, organizations, individuals with regard to the national important project.
In this decree, the words below are understood as follows:
1. The national importance project is regulated at the Public Investment Law of 2014, the Building Law of 2014, and the National Assembly's decision to hold an investment in accordance with the provisions of the Investment Act of 2014, which would later be called the national key project.
2. The investment certificate issued by the provisions of the Investment Law of 2005 or the Investment Registration Certificate or the written approval of the investment holder of the competent grant under the provisions of the Investment Law of 2014, the following is called the Certificate of Acceptance. register for investment.
3. Chairperson under the provisions of the Building Law of 2014 or investor under the provisions of the Investment Law of 2014, the following is generally the owner of the investment.
4. The credit capital is guaranteed by the Government, which is secured by the assets of the State, which invested in the development of the state-owned enterprise, the value of land use, capital from the development fund of the career, and the following is the same state capital other than the capital. Your investment.
ORGANIZATION AND THE OPERATIONAL METHOD OF THE STATE APPRAISAL COUNCIL
What? 4. Organization, responsibility and powers of the State appraisal Council
1. The state appraisal council decided by the Prime Minister to form by each project has the mandate to organize the appraisal of national key projects (the Feasibility Study or Feasibility Study Report) to submit the Congress to decide the topic. The Prime Minister decides to invest.
2. The state appraisal council consists of the Chairman of the Council, Deputy Chairman of the Council and other members of the Council. The chairman of the state appraisal Council is the Minister of Planning and Investment; Vice President and other members of the Council are representative of the ministries of ministries, industry, and related agencies decided by the Prime Minister to follow the proposal of the Ministry of Planning and Investment.
3. The Chair of the Council, Vice President of the Council and State appraisal Council members responsible to the Prime Minister on the organization of the appraisal organization and assignment activities assigned; opinions assess the results of the appraisal, conclusion, and conclusion. petition by the Council of State appraisal of the contents of the national important project.
4. The state appraisal council has the following powers:
a) Review, the decision on the issues of the content, program, and work plan of the Council and other matters involved in the process of determining the national importance of the project;
b) The investment holder provides relevant documents in the process of national critical project appraisal, payment of the cost of the inspection, the appraisal under the accounting and the conduct of the approved appraisal work;
c) Request the consultant contractor to provide relevant documents during the investigation of the national important project.
5. The Council of State appraisers working under the collective regime under the direction of the President of the Council. The Council of State appraisal session is considered valid when there are at least 50% of the participating members (including the authorized one). The conclusions are agreed to be unified according to the principle of majority. The voting rate case was 50/50 on the number of members of the Council (including the number present at the session and the number of written voting addressed to the Council), the issue adopted in accordance with the voting opinion of the President of the Council.
In the final conclusion through the government's official project authority, the Prime Minister must be at least two-thirds the number of state appraisal members. Opinions of state appraisal members are made by voting at the meeting or by writing to the Council of State appraisers.
6. The state appraisal council itself dissolved after the completion of the prescribed appraisal work.
What? 5. The responsibility and powers of the President of the State appraisal Council
1. Consider the approval of the appraisal plan after the Council of State appraisal of opinion, the decision to convene the state appraisal Council meetings, presiding over the sessions; the assignment of responsibility for Vice President and Member of the Council of State appraisers.
2. The decision to establish an interdisciplinary appraisal organization or the Council helps the Council depending on the work requirements for each national important project.
3. In the case of necessity, the Chairman of the State appraisal Council may authorize a Vice President of the Council to convene and host state appraisal sessions or report to the Government some content or work due to the Vice President of the Council. Yes, sir.
4. Decision the hiring and selection of the national key project judge under the regulation at Article 10 and Article 11 of this decree.
What? 6. Responsibility and permissions of the Deputy Shit. State appraisal Council.
1. Help the Chair of the Council of State to direct the activities of the Council; to monitor and execute the duties of the Council due to the Chairman of the Board; report regularly on the situation and the implementation of the Council.
2. Help the Chair of the Council review, evaluate the expert reports and other activities of the Council to submit the Prime Minister.
What? 7. The responsibility and powers of the state appraisal Council members
1. Consider having opinions on the content of the national importance of national importance in the areas of function, ministry, agency, and local affairs due to their charge and on the general issues of the national importance project.
2. Power mobiles, work vehicles, research facilities under their management to complete the task of being delivered.
3. Attending the full session of the Council of State Appraisal, the exchange of comments on the opinion of the review, appraisal and resolution of the conclusions of the Council of State Appraisal. The special case cannot attend the meeting, the Council of State appraisers must have a written opinion and authorized representative authority to attend the meeting of the Council.
What? 8. Permanent agency ' s mission to the state appraisal Council
The Permanent Authority of the State Board of Appraisal is the Ministry of Planning and Investment, which has the following tasks:
1. The Ministry of Machine mobiles of the Chair of the State appraisal Council organizes the job appraisal of the national importance project and joint activities of the Council; in coordination with the relevant agencies, the interdisciplinary Appraisal Organization, the interrogation consultant to perform. Appraisal works.
2. Take on and check the project records, send a project profile to the Council members, the agencies, the relevant unit.
3. Build a plan to specify a national key project under the prescribed pattern at the Appendix issued by this decree, the state appraisal council.
4. perform other tasks led by the President of the Council of State Appraisal.
What? 9. The mission of the interdisciplinary appraisal expert
1. The interdisciplinary appraisal is the department set up to help the Council of State appraisals, including the experts of ministries, industry, local and other agencies involved.
2. The interdisciplinary appraisal has the following tasks:
a) Preparing of the appraisal content to send to the Council of State appraisal members;
b) Preparing additional demanding content, modify the profile at the recommendation of the members of the Council of State appraisal, other work organizations during the appraisal process, the state appraisal council;
c) Implemections of the work to help the state appraisal of the state of inquiry pursues to regulation at Article 11 of this Decree in case of a need to hire an interrogation consultation;
d) Preparing of the examination advisory contracts, the receipt of contract acceptance and other relevant testimonies to serve the payment of the cost of the appraisal and examination of the national importance project;
The proposed synthesis of the Council of State appraisal members, the proposal, the Chairman of the Council of State appraisal review, determines the problems that need to be processed during the appraisal;
e) Draft the appraisal report of the State appraisal Council to submit the Chair of the State appraisal Council review the Government;
g) perform other work by the Council of State appraisal.
HIRING CONSULTING AND APPRAISAL ADVICE, NATIONAL KEY PROJECT JUDGE
What? 10. The authority decides the hiring of the examination of national key projects.
1. An interrogation consultant is an organization or individual in the country, foreign or domestic or domestic contact (the following general counsel) is hired by the Council of State appraisal to perform one or some part of the work of the project appraisal of the view. The country.
2. The chairman of the state appraisal Council decides the hiring advisory in the country to investigate the national key project in the form of a selection stipulated at Article 11 of this decree; approv. the approval of the choice of inquiry counsel.
3. The Prime Minister considers the principal approval of a foreign advisory or joint advisory in the country and foreign advice to be questioned on the recommendation of the President of the Council of State Appraisal.
The hiring and selection of foreign counsel or in the country and foreign advice to investigate the national importance project is carried out by regulation at Article 11 of this decree.
What? 11. Process, the choice procedure of questioning the national importance project.
1. The interdisciplinary appraisal identifies the contractor with sufficient capacity, experience to do so in consulting work, the Chairman of the Council of State Appraisal through.
2. Within 15 days, since the date of the tender, the interdisciplinary Appraisal Experts must complete the procedure for bidding, including:
a) Preparing and submitting a contract draft for the consultant contractor, which determines the requirements of the scope, the work content required, the time of execution, the quality of work needed to be achieved and the corresponding value for negotiation, the completion of the contract;
b) conduct negotiation, complete contract;
c) The Chair of the State appraisal Council approx the results of the designation of the project investigation consultation;
d) Prepare to sign the contract with the specified counsel. The contract is signed between the three parties, including the representative of the State appraisal Council, the investment holder (or the agency tasked with preparing the project investment) and the selected counsel;
Publicly, the result is a statutory tender for the bidding law.
What? 12. The cost of appraisal and hiring of the investigation of national critical projects conducted by the State Board of Appraisal
1. The cost of the appraisal is the cost of hiring consulting the national key project of the state appraisal Council.
2. The cost of the appraisal is the cost of serving for the activities of the National Appraisal Project of the state (not including the cost of the appraisal stated at this One Article). The cost of the appraisal includes remuning for members of the State appraisal Council, the interdisciplinary appraisal and other (if available); meeting costs, stationing, field surveys (if available), other costs associated, project costs, and other costs. Uh,
3. The cost of the inquiry and the appraisal of the national key projects identified as follows:
a) The cost of the expense of the Feasibility Study Report is calculated by the cost of the Feasibility Study Report.
b) The cost of the appraisal is calculated by 20% of the cost of the test cost;
c) The level of the cost of the appraisal applied by the regulation of the law on construction.
4. The cost of appraisal and hiring of an appraisal of national critical projects is calculated in the total project investment and the owner of the investment or agency tasked with preparing an investment payment at the request of the state appraisal Council, ensuring progress. Appraisal, the National Critical Project, according to the plan.
The investment owner or agency tasked with preparing the investment is responsible for payment of the cost of the appraisal to the consultation consultation under contract that has been signed, after the opinion of the Council of State appraisers.
5. The state appraisal council for Council members, the Organizational Appraisal and other (if available) and other costs, ensure the appraisal activity of the Council of State appraisal.
THE PROCEDURE, PROCEDURE AND THE CONTENT OF THE APPRAISAL OF THE NATIONAL KEY PROJECT INVESTMENT
Item 1
THE PROCEDURE, PROCEDURE, AND THE CONTENT OF THE APPRAISAL OF THE NATIONAL IMPORTANCE PROJECT USES PUBLIC INVESTMENT CAPITAL.
What? 13. Process, the appraisal procedure of the investment owner or unit of subordinated body is invested in investment.
1. The appraisal profile consists of:
a)
b) The feasibility study report;
c) The other document is relevant.
2. The investment holder or unit of the body directly assigned to the investment (called an investment holder) sends 15 regulatory filings under the regulation at Clause 1 This to its governing body or the investment body being invested in the organization of internal appraisal in accordance with the government. regulation at the point b 1 Article 19 Public Investment Law in 2014. The internal appraisal time is no more than 30 days from the date of receiving valid files.
3. The investment owner or unit of the agency is tasked with preparing to fully invest the project profile according to the appraisal content, prepare the Prime Minister's program.
What? 14. Process, the appraisal procedure of the investment master agency or the governing body. Heartburn c Move. n being invested
1. The appraisal profile of the investment manager body or of the agency assigned to the investment preparation task (the following call for a governing body) consists of:
a) The Prime Minister of the Government of the governing body;
b) The feasibility study report;
c) The internal appraisal report by regulation at Point b 1 Article 19 Public Investment Law in 2014;
d) Other documents are related.
2. The governing body sent 1 set of prescribed records at Clause 1 Article to report the Prime Minister, while simultaneously sending 20 sets of files to the Ministry of Planning and Investment.
3. During the 5-day period of work, since the project's adoption of the project, the Ministry of Planning and Investment reported the Prime Minister to form the Council of State Appraisal under the stipulation at Article 4 of this decree.
4. The state appraisal committee is presiding over the national key project investment in the 90-day period since receiving enough valid records of the project.
What? 15. The appraisal of the state appraisal Council and of the Government
1. The Government Plan Profile of the Council of State Appraisal, including:
a) The government program of the governing body (due to the preparation of the governing body after it has taken over and complete the project profile in accordance with the appraisal opinion of the state appraisal Council);
b) The feasibility study report was complete in accordance with the appraisal of the state appraisal Council;
c) The appraisal report by the Council of State appraisal;
d) Other documents are related.
2. The government considers, for the opinion of the initiative to invest the national key project under the Government ' s employment statute.
3. The National Assembly of the Government submitted by Regulation at Article 20 Public Investment Law in 2014, namely:
a) The government's equation;
b) The feasibility study report was complete in accordance with the Government ' s opinion;
c) The appraisal report by the Council of State appraisal;
d) Other documents are related.
What? 16. The content of the appraisal of investing projects of national importance using public investment capital
1. The content of the appraisal, including:
a) Comment on Project Profile: Legal base, component, file content by regulation;
b) The meeting of the criteria that defined the project is the national importance project;
c) The need for investment, the conditions for implementation of investment, assessment of the suitcases of the planning, strategy, planning and planning of economic-social development, development planning, sector; compliance with the rules of law;
d) Evaluation of demand forecasting, scope of service, and expected investment, scale and form of investment;
Assessment of the region, the investment location, which envisage the need for land use area and the need for other resources (if any);
e) Comment on the analysis, preliminary selection of technology, primary engineering and the conditions of supply of supplies, equipment, raw materials, energy, services, infrastructure; and more.
g) Evaluation of the analysis, preliminary selection of investment and scale methods of investment categories;
h) Evaluation of the compensation method, support, free release, resettlement, environmental protection measure;
i) The preliminary assessment of the environmental impact, the society of the project;
) Evaluation of the preliminary determination of total investment, capital mobiliation: The base determines the investment capital demand, the total investment structure, the accuracy level of investment capital demand; capital structure; the feasibility analysis of capital and capacity mobilability methods. balance of capital investment;
l) Comment on the preliminary identification of operational costs, maintenance, maintenance, major repairs during the project operation stage;
m) Assessment of the expected progress of implementation of the project, dividing the investment phase or division of component projects or subprojects (if any);
n) Evaluation of investment efficiency: Financial efficiency, economic efficiency-social, defence, security and sustainable development; and the development of capital.
o) Comment on the organizational solutions implementing the project: Define the investment holder (if any); the project management form;
p) Evaluation of the mechanism, policy of particular; preferable, investment support and applicable conditions (if applicable).
2. For the project that has a construction component, in addition to assessing the content by regulation at Clause 1 This, also must evaluate the preliminary design method as defined by the law on construction.
Item 2
THE PROCEDURE, PROCEDURE, AND THE CONTENT OF THE APPRAISAL OF THE NATIONAL IMPORTANCE PROJECT USES FOREIGN CAPITAL OTHER THAN THE PUBLIC INVESTMENT CAPITAL.
What? 17. Process, the presiding procedure of the investment owner
1. appraisal, including:
a) The proposed text implementation of the investment project;
b) The feasibility study report;
c) The copy of the document confirming the legal status of the investment holder (established certification or business register or other equivalent legal text);
d) Copy one of the following documents: The nearest 02-year Financial Report by the investment holder; the commitment to financial support of the parent company, the commitment to financial support of the financial institution; the guarantee of the financial competability of the investment holder; the energy theory of competence. The finances of the investment owner;
The BCC contract on the investment project in the form of BCC contract;
e) Proposed the mechanism, the policy of particular (if any);
g) The opinion text of the state-owned representative agency on the investment of the project under the provisions of the Management Law, which uses state capital invested in manufacturing, business at the business (for the investment holder is a state-owned enterprise in the regulatory capital);
h) The resolution of the Member Council or the Board of Directors or the General Assembly on the investment of the project under the provisions of the Corporate Law;
i) Other documents are relevant.
2. The first person to submit 21 sets of prescribed files at Clause 1 Article to the investment registry where the investment project is made.
3. In the 3-day period of work since the date of receiving enough investment project, the investment registry sends 20 investment project sets to the Ministry of Planning and Investment.
4. During the 5-day period of work, since receiving enough project records, the Ministry of Planning and Investment reported the Prime Minister to form the State Regulatory Council as prescribed at Article 4 of this decree.
5. The state appraisal committee is presiding over the national key project investment in the 90-day period since its founding date.
What? 18. The appraisal of the state appraisal Council and of the Government
1. The Government Plan Profile of the Council of State Appraisal, including:
a) The appraisal report by the Council of State appraisal;
b) The feasibility study report was complete in accordance with the appraisal of the state appraisal Council;
c) The documents by the regulation from Point c to Point 1 Article 1 Article 17 This decree (due to the subject of preparation);
2. The government considers, for the opinion of the initiative to invest the national key project under the Government ' s employment statute.
3. Congressional government records, including:
a) The government's equation;
b) The investment project profile is prescribed at 1 Article.
What? 19. The appraisal of the appraisal capital investment project of national importance uses foreign capital other than public investment capital.
1. The content of the appraisal, including:
a) Comment on Project Profile: Legal base, component, file content by regulation;
b) The meeting of the criteria that defines the project is a national important project;
c) The need for implementation of the project;
d) Assessment of the suitable strategy, economic development overall planning-social development, sector development planning, sector, land use planning, other resources; and more.
Assessment of the target, scale, location of investment, envisage the need for land use area and the need for other resources (if any); the main technological option method;
e) Comment on the compensation method, support, free discharge, resettlement, environmental protection measure;
g) The preliminary assessment of the environment, society of the project;
h) Evaluation of the preliminary determination of total investment, capital mobiliation: The base determines the investment capital demand, the total investment structure, the degree of accuracy of investment capital demand; capital structure; the feasibility analysis of capital mobiles;
i) Evaluation of the preliminary identification of operational costs, maintenance, maintenance, major repairs during the project of the project operation;
l) Assessment of the expected progress of implementation of the project, dividing the investment phase or division of component projects or subprojects (if any);
l) Evaluation of investment efficiency: Financial efficiency, economic efficiency-social, defence, security and sustainable development; and the development of capital.
m) Evaluation of the mechanism, policy of particular; preferable, investment support and applicable conditions (if applicable).
2. For the project that has a construction component, in addition to assessing the content by regulation at Clause 1 This, also must evaluate the preliminary design method as defined by the law on construction.
Section 3
THE PROCEDURE, PROCEDURE AND THE CONTENT OF THE APPRAISAL OF INVESTING PROJECTS OF NATIONAL IMPORTANCE DO NOT USE STATE CAPITAL.
What? 20. Process, procedure and appraisal profile
1. The owner of the preparation of the specified appraisal file at the Investment Law in 2014, which includes:
a) The proposed text implementation of the investment project;
b) The copy of the identity of the people, identity card, or passport to the investment holder is the individual; the copy of the Certificate of Establishment or other equivalent document confirming the legal status of the investment holder;
c) Proposal to the investment project including the content: The investment implementation of the project, investment objective, investment scale, investment capital, and capital, capital, deadline, investment, demand for labor;
d) The method of release of the face, migration, resettlement (if any);
The preliminary assessment of the environmental impact, environmental protection solutions;
e) Assessment of the impact, economic efficiency-the society of the project;
g) The proposed mechanism, policy of particular (if any);
h) The copy one of the following documents: the latest 02-year fiscal report of the investment holder; the commitment to financial support of the parent company; the commitment to financial support of the financial institution; the guarantee of the financial competability of the investment holder; the energy theory of competence. The finances of the investment owner;
i) Proposal for the need for land use; the project case does not recommend the State of the Land, lease land, allow for the purpose of land transfer purposes, then file a copy of the lease of the site or other document confirming that the owner has the right to use the site to perform the project. The investment.
K) The program on the use of technology for a regulatory project at the B point b 1 Article 32 of the Investment Law of 2014 consists of content: Name of technology, export of technology, technology process schemes; primary engineering parameters, machine usage status, equipment, and equipment. and the main technology line;
l) The BCC contract on the investment project in the form of BCC contract;
m) Other documents are relevant.
2. The first person to submit 21 sets of prescribed files at Clause 1 Article to the investment registry where the investment project is made.
3. In the 3-day period of work since the date of receiving enough investment project, the investment registry sends 20 investment project sets to the Ministry of Planning and Investment.
4. During the 5-day period of work since the date of receiving enough investment projects, the Ministry of Planning and Investment reported the Prime Minister to form the Council of State Appraisal under the stipulation at Article 4 of this decree.
5. The state appraisal committee presiding over the investment of the national key project in the 90-day period since the date of its decision to establish.
6. State appraisal of the Council of State Appraisal, including:
a) The appraisal report by the Council of State appraisal;
b) The documents under the regulation at Clause 1 Article in which the project contents are complete in accordance with the appraisal opinion of the state appraisal Council (due to the preprepared investment holder);
7. The government considers, for the opinion of the initiative to invest the national key project under the Government ' s employment statute.
8. Congressional government records, including:
a) The government's equation;
b) The investment project is prescribed at paragraph 6 This.
What? 21. The appraisal content of investing in national important projects does not use state capital.
1. The response to the criteria that determines the project is a national important project.
2. Evaluation of the need for implementation of the project.
3. investor information; evaluate the investment conditions for foreign investors (if available).
4. Assessment of the goal, scale, location, time, progress of the project, the need for land use, the means of free liberation, migration, relocation, environmental protection.
5. Evaluation of the suitcases of the investment project with the overall planning of economic development-society, industry development planning and land use planning, other resources (if available).
6. The legal base assessment of the right to use the investment venue of the investor. The land-based proposal, land lease, allows for the purpose of land-use purposes, to implement the need for land use, land conditions, land lease conditions, and allow for the purpose of land use by law on land law.
7. Comment on the main technological selection method; for the regulatory project at the B-Point of Clause 1 Article 32 of the Investment Law of 2014, the assessment of the technology used in the investment project.
8. Evaluation of capital investment, capital mobiles.
9. impact assessment, economic-social efficiency.
10. Evaluation of the mechanism, policy of particular; preferable, investment support and applicable conditions (if applicable).
Section 4
THE PROCEDURE, PROCEDURE AND THE CONTENT OF THE APPRAISAL OF THE INVESTMENT OF THE NATIONAL IMPORTANCE PROJECT TO FOREIGN COUNTRIES
What? 22. Process, procedure and appraisal profile
1. The owner of the planning site is prescribed by the provisions at Clause 1 Article 55 Investment Law in 2014, including:
a) The text of the registration of the investment abroad;
b) The copy of the identity of the people, identity card, or passport to the investment holder is the individual; the copy of the Certificate of Establishment or other equivalent document confirming the legal status of the investment holder;
c) Proposal for an investment project of: Goal, scale, form, investment location; investment capital identification, capital mobiles, capital structure; project execution progress, investment stages (if available); preliminary analysis of the project's investment efficiency;
d) A copy of one of the documents that demonstrate the financial competability of the investment owner: the first 2-year fiscal report of the investment holder; the commitment to financial support of the parent company; the commitment to financial support of the financial institution; the guarantee of financial competability of the company. the investment holder; the other document demonstrates the financial competability of the investment owner;
The self-balancing of the foreign currency or the text of the credit organization is allowed to commit foreign currency to the investment owner;
e) The decision to invest abroad pursues to Clause 1 and Clause 2 Article 57 of the Investment Law of 2014;
g) For the project of the state-held enterprise of 100% of the charter capital, the decision to invest abroad stipulated at the Point of View is replaced by the following text: The approval text of the owner representative body allows the investor to be registered. Foreign investment to implement the project, including the principal content: investor, target, scale, form, investment location; investment capital, capital mobilation, capital structure, project implementation progress, investment performance indicators need to be achieved. of the project; the internal appraisal report on the proposed investment project abroad for the basis of the approval of the owner representative agency;
h) For the project to invest abroad in the banking sector, securities, insurance, science and technology, investors file approval of the state agency ' s approval of the provision of foreign investment conditions under the provisions of the Law of the United States. organization of credit, securities law, the Law of Science and Technology, the Insurance Business Law;
i) Other documents are relevant.
2. Investors file 20 sets of prescribed files at Clause 1 Article to the Ministry of Planning and Investment.
3. During the 5-day period of work since the date of receiving enough investment projects, the Ministry of Planning and Investment reported the Prime Minister to form the Council of State Appraisal under the stipulation at Article 4 of this decree.
4. The state appraisal council, which advocated the investment of the national key project to foreign investment in the 90-day period since its founding date.
5. State appraisal of the Council of State Appraisal, including:
a) The appraisal report by the Council of State appraisal;
b) The documents that are specified at this 1 Article 1 (due to the preparation of the investment, after the record and completion of the project profile in accordance with the appraisal opinion of the Council of State appraisal).
6. The government considers, for the opinion of the initiative to invest the country 's key foreign investment project abroad under the government' s work-making statute.
7. Congressional government records, including:
a) The government's equation;
b) The investment project profile is prescribed at paragraph 5 This.
What? 23. Content Move. I ' m going to focus on the investment of the national key project. And I ' m going abroad.
1. The Level of Certificate of Certificate of Registered Investment Abroad regulations at Article 58 of the Investment Law of 2014.
2. The legal status of the investor.
3. The need for an investment in foreign investment.
4. The compliance of the project with the regulation at paragraph 1 Article 51 of the Investment Law of 2014.
5. Evaluation of the basic content of the project: scale, form of investment, location, deadline, and progress on the project, capital investment, capital.
6. Evaluation of the level of risk in the investment country.
Section 5
THE PROCEDURE, PROCEDURE, AND APPRAISAL APPRAISAL ADVOCATED THE INVESTMENT OF INVESTMENT PROJECTS BY REGULATION AT PARAGRAPH 4 ARTICLE 40 INVESTMENT LAWS IN 2014
What? 24. Process, the procedure for the appraisal of the investment editor on the project using foreign capital investment capital investment capital.
1. The investor's appraisal profile, including:
a) The text offer to adjust the investment holder, which states that the contents offer adjustments, reasons for adjustment;
b) The study of the feasibility of regulating or reporting the feasibility study;
c) The monitoring report, which evaluated the investment project;
d) the text copy that identifies the legal status of the investment holder (established certification or business register or other equivalent legal text), if there is a change in the investment holder;
Copy one of the following documents: The latest 02-year Financial Report by the investment holder; the commitment to financial support of the parent company, pledending financial support of the financial institution; the guarantee of the financial competability of the investment holder; the energy theory of competence. The finances of the investment owner;
e) The BCC contract on the investment project in the form of BCC contract (if there is a change);
g) Proposition of the mechanism, the policy of particular (if any).
h) Other documents are related.
2. The first person to submit 21 sets of prescribed files at Clause 1 Article to the investment registry where the investment project is made.
3. In the 3-day period of work since the date of receiving enough investment project, the investment registry sends 20 investment project sets to the Ministry of Planning and Investment.
4. During the 5-day period of work since the date of receiving enough investment projects, the Ministry of Planning and Investment reported the Prime Minister to form the Council of State Appraisal under the stipulation at Article 4 of this decree.
5. The state appraisal committee adjuvers the investment of the national key project investment in the 90-day period since the date of its decision to establish.
6. State appraisal of the Council of State Appraisal, including:
a) The appraisal report by the Council of State appraisal;
b) The study of the feasibility study of regulation or the Adjustment Feasibility Study Report was completed in accordance with the appraisal of the state appraisal Council;
c) The documents are prescribed at Point a and from Point c to Point 1 This Article (due to the subject of preparation).
7. The government considers, for the opinion of the presiding adjustment of the national key project investment under the Government ' s employment statute.
8. Congressional government records, including:
a) The government's equation;
b) The investment project is prescribed at paragraph 6 This.
What? 25. The appraisal appraisal is advocated for investment on the project using foreign capital investment capital investment.
The adjusted content must be specified; the respective appraisal content is carried out by regulation at Article 19 of this Protocol.
What? 26. Shit. Investing in investing in the project does not use state capital.
1. The investor's appraisal profile, including:
a) The text offer to adjust the investment holder, which states that the contents offer adjustments, reasons for adjustment;
b) The documents corresponding to the specified adjustment content from Point b to Point 1 Article 20 This Protocol;
c) The monitoring report, which evaluated the investment project;
d) Other documents are related.
2. The investor submit 21 sets of prescribed files at Clause 1 Article to the investment registry where the investment project is carried out.
3. In the 3-day period of work since the date of receiving enough investment project, the investment registry sends 20 investment project sets to the Ministry of Planning and Investment.
4. During the 5-day period of work since the date of receiving enough investment projects, the Ministry of Planning and Investment reported the Prime Minister to form the Council of State Appraisal under the stipulation at Article 4 of this decree.
5. The Council of State appraisers adjuvers the investment of the national key project investment in the 90-day period since its inception.
6. State appraisal of the Council of State Appraisal, including:
a) The appraisal report by the Council of State appraisal;
b) The documents in accordance with Article 1 This Article 1 (due to the preparation of the investment holder, after having received and complete the project profile in accordance with the appraisal opinion of the state appraisal Council);
7. The government considers, for the opinion of the presiding adjustment of the national key project investment under the Government ' s employment statute.
8. Congressional government records, including:
a) The government's equation;
b) The investment project is prescribed at paragraph 6 This.
What? 27. The appraisal appraisal of investing in investment on the project does not use state capital
The adjusted content must be specified; the respective appraisal content is carried out by regulation at Article 21 of this decree.
THE PROCEDURE, PROCEDURE AND THE CONTENT OF THE APPRAISAL DECISION TO INVEST THE NATIONAL IMPORTANCE PROJECT
Item 1
PROJECT, PROCEDURE, AND PROJECT APPRAISAL
What? 28. Process, appraisal procedure
1. The investor's appraisal profile, including:
a)
b) The feasibility study report;
c) The Congress ' s resolution on the approval of the chairman of the investment project of national importance;
d) Other documents are related.
2. The investor sends a prescribed project profile at paragraph 1 This Article to the governing body or the representative body of its state (later called the governing body) consider, the Prime Minister pursues to the stipulation at Point A 1 Article 44. The Public Investment Act of 2014.
3. The presiding agency ' s appraisal profile, including:
a) The Prime Minister of the Government of the governing body;
b) The feasibility study report;
c) The Congress ' s resolution on the approval of the chairman of the investment project of national importance;
d) Other documents are related.
4. The governing body sent 1 set of prescribed records at Section 3 This Article to report the Prime Minister; simultaneously sending 20 sets of files to the Ministry of Planning and Investment.
5. During the 5-day period of work, since receiving enough project records, the Ministry of Planning and Investment reported the Prime Minister to form the Council of State Appraisal under the stipulation at Article 4 of this decree.
6. The state appraisal Council appraisers the national key project on a 90-day term since receiving a valid project record.
7. The appraisal opinion of the Council of State appraisal, the investment owner and the governing body to complete the project; the governing body through the project contents has been edited and sent to the Council of State Appraisal.
8. The Council of State appraisal of the Prime Minister considers, deciding to invest the project. Profile:
a) The Prime Minister ' s Office of the Government of the governing body (administered by the governing body after having received and complete the project profile in accordance with the appraisal opinion of the state appraisal Council);
b) The feasibility study report was complete in accordance with the appraisal of the state appraisal Council;
c) The appraisal report by the Council of State appraisal;
d) The National Assembly ' s resolution on the approval of the chairman of the investment project of national importance;
Other documents are related.
9. The Prime Minister considers, deciding to invest the national key project under the government ' s work-making statute.
What? 29. The appraisal content to decide whether to invest the national key project
1. The content of the appraisal, including:
a) Comment on Project Profile: Legal base, component, file content by regulation;
b) The need to invest the Project;
c) The suitcases of the Project with Strategy, Planning and Planning and Economic Development Planning, the development of the industry; the right to the investment of investment;
d) Comment on the analysis, target identification, mission, output results of the project; analysis, project scale selection; investment form; analysis of natural conditions, economic conditions-engineering, choice of project investment.
Assessment of the need for land use; land-based conditions, land rental, and permission for the purpose of the purpose of land use by law on land (if any);
e) Comment on the time, progress of execution, the main time milestones to implement; the investment diverge;
g) Evaluation of the source of raw materials; machinery, equipment; technological choice methods, engineering, equipment; and more.
h) Assessment of environmental impact and environmental protection solutions; fire prevention, explosions; defense, security, and other factors;
i) Evaluation of total investment, which has the determination of operating costs, maintenance, maintenance, major repairs in the project-operating phase; the base determines the need for capital investment; the standard of investment capital demand; capital structure, capacity analysis, and investment. The competition of capital mobiles; the ability to mobilize capital under investment progress; the ability to recover capital and pay off loans; risk analysis; human resource training (if any);
l) Evaluation of investment efficiency, including financial efficiency, efficiency and economic impact-the society of the Project; and the value of investment.
l) Evaluation of the overall compensation for compensation, free discharge, migration, resettlement, settlement (if any);
m) Comments on the organization of project management, including: Define the investment holder; project management form; the relationship and responsibility of the hosts involved in the project implementation process, the project management apparatus for the project.
2. For the project that has a construction component, in addition to assessing the content by regulation at Clause 1 This, also must evaluate the basis of the basis of the basis of the basis by law on construction.
Item 2
THE PROCEDURE, PROCEDURE, AND THE CONTENT OF THE PLANNING ADJUSTMENT OF THE NATIONAL IMPORTANCE PROJECT
What? 30. The cases are adapted to the national importance project.
The regulation of the national importance project is carried out under the provisions of Clause 2 Articles 46 Public Investment Law in 2014 and Article 1 Article 61 Building Law in 2014.
What? 31. Process, appraisal procedure
1. The appraisal of the appraisal appraisal project of the investment owner, including:
a) The appraisal of the investment project;
b) The feasibility study of the feasibility study;
c) The monitoring report, which evaluated the investment project;
d) Other documents are related.
2. The investor sends a prescribed project profile at Article 1 This Article to the governing body for reporting, the Prime Minister.
3. The appraisal of the appraisal appraisal project of the governing body, including:
a) The Prime Minister ' s program allows adjustments to the investment project of the governing body;
b) The documents are prescribed at 1 Article.
4. The governing body sends 1 set of regulatory projects under regulation at paragraph 3 This Article to report the Prime Minister; also send 20 sets of files to the Ministry of Planning and Investment.
5. During the 5-day period of work, since receiving enough project records, the Ministry of Planning and Investment reported the Prime Minister to form the Council of State Appraisal under the stipulation at Article 4 of this decree.
6. The state appraisal council adjuvers the national key project in the 90-day period since receiving a valid project record.
7. The appraisal of the appraisal of the state appraisal Council, the investment holder and the governing body that completes the adjustment project; the governing body through the regulatory project contents has been complete and sent the Council of State Appraisal.
8. The Council of State appraisal of the Prime Minister considers, deciding to adjust the investment project. Profile:
a) The Prime Minister approved the adjustment of the investment project of the governing body (due to the preparation of the governing body after having received and complete the project profile under the appraisal opinion of the state appraisal Council);
b) The regulatory feasibility study report was complete in accordance with the appraisal opinion of the state appraisal Council;
c) The appraisal appraisal of the Council of State appraisal project;
d) The monitoring report, which evaluated the investment project;
Other documents are related.
9. The Prime Minister considers, deciding to adjust the national key project under the government ' s work-making statute.
What? 32. The appraisal appraisal
The adjusted content must be specified; the respective appraisal content is carried out by regulation at Article 29 of this Decree.
EXECUTION CLAUSE
What? 33. The transition treatment for the project is in the process of execution, problem detection Okay. It ' s the criteria for the national importance project.
1. The project is in the process of implementing the investment decision (for state capital use projects) or the project has been granted the investment registration certification.
2. For the project being in the process of implementation but has the criteria of the national importance project under the regulation at Article 7 Public Investment Law 2014 and Article 30 Investment Law in 2014, which is implemented as follows:
a) The projects are continued to implement; the owner of the situation reports the execution to the person who decides to invest or the investment registry;
b) The person with the authority to decide the investment or investment body to report the Prime Minister to the Prime Minister to consider and direct the National Assembly report at the end of the year on the implementation of the implementation of the project;
c) The management of the regulatory projects at this paragraph is done by regulation at the Investment Decision, the Registered Investment Registration Certificate, or Investment Decision, the pre-adjusted investment investment registration certificate.
3. For the project being in the process of making changes, which the changing content of the national key project criteria by regulation at Article 7 of the Public Investment Law of 2014 and Article 30 Investment Law of 2014, is implemented as follows:
a) The projects are continued to implement; the investment owner reports the investment decision or investment registry on issues of birth;
b) The investment decision or body of the investment registry report the Prime Minister; the Prime Minister considers for the opinion of the adjustment and direction of the National Assembly report at the end of the year on the implementation of the implementation of the project, which has the issue of development. the criteria for the national importance project;
c) The order, the procedure to review the project adjustment is made in accordance with the existing regulations as for the project or project group prior to the adjustment;
d) The management of the regulatory projects at this paragraph is carried out in accordance with the regulation of the law on the national importance project.
1. This decree has been in effect since 15 February 2016.
2. Repeal Decree 03 /2013/NĐ-CP January 04, 2013 of the Government rules the details and guidelines that implement some of the provisions of the Digital Resolution. 49 /2010/QH12 of the Congress on the project, the National Observatory for the National Assembly decided to invest its investment.
Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the organizations, the individual is responsible for the implementation of this decree.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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