Decree 84/2015/nd-Cp: Regarding The Monitoring And Assessment Of Investment

Original Language Title: Nghị định 84/2015/NĐ-CP: Về giám sát và đánh giá đầu tư

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THE GOVERNMENT.
Number: 84 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 30, 2015

DECREE

About monitoring and evaluating the head Yeah.

_____________

Government Law Base December 25, 2001;

Public Investment Law Base June 18, 2014;

Construction of the Law Building on 18 June 2014;

The Investment Law Base on 26 May 1 1, 2014;

At the suggestion of Minister K What? And the investment.

Government I ' m going to have a plan for surveillance. Oh. It's an investment assessment.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. The adjustment range:

a) This decree provides for oversight, program evaluation, investment project, oversight, investment assessment, and community investment oversight of investment in Vietnam and investment from Vietnam abroad; surveillance costs, investment assessments, and investment. The competence of the organization, the individual who performs oversight counseling, assessment of the investment project; the capacity of the training facility to evaluate the investment project; the powers and responsibilities of the agency, the unit, the organization, the individual is involved in monitoring, assessment and evaluation. the investment price;

b) The monitoring and evaluation of securities investment practices according to the regulation of the securities law;

c) The monitoring and evaluation of the programs, the project using capital development support (ODA) and the preferable borrowing of foreign donors implemented by regulation at this decree; different issues due to the specification of the use of the resources of the country. This capital, in accordance with the provisions of the law on management and use of formal development support (ODA) and the preferable borrower of foreign donors.

2. The applicable subject of this decree includes: The agencies, units, organizations, individuals are responsible for carrying out oversight, assessment of investment and agencies, units, organizations, individuals with regard to investment and surveillance activities, assessment of investment.

What? 2. Explain the word

In this decree, the words below are understood as follows:

1. "Investment Monitoring" is a tracking activity, investment check. Investment monitoring includes program monitoring, investment projects, and overall investment oversight.

2. "Program tracking, investment project" is to operate regularly and periodically periodically update the information regarding the execution of the program, project; aggregation, analysis, information assessment, proposals for the decision to serve the decision making of the decision. level management to ensure the program, the investment project performs on the right goal, in the right progress, quality assurance and within the framework of resources that have been identified.

3. "Program checks, investment projects" are periodically planned or groundbreaking activities, aimed at examining the regulatory approval of program management, the project of agencies, organizations, individuals involved; detection of errors, weakness of management, and weakness. Program, project under the rule of law; petitions for the competent authorities to deal with the problems, arise, mismanagement of program management, project; oversee the handling of the procedure and to accept the treatment of the issues that have been discovered.

4. "Program evaluation, investment project" is a planned or groundbreaking periodic activity aimed at determining the level of gain by goal, specific spending compared to the investment decision or standard assessment criteria of the state at a certain point. Program evaluation, investment project including: initial assessment, assessment between the period or phase, the assessment of the end, the impact assessment and assessment of the mutation.

5. "initial review" is the assessment taken shortly after the start of the program's investment, the project aims to review the actual situation of the program, the project compared to the time of approval to take appropriate treatment.

6. "The assessment between the period or phase" is that the assessment is made at the time between the process of implementation of the program investment, the project approved or after the end of each phase (for the program, the project is done in multiple stages), to consider the process of implementation of program investment, the project from the beginning of the deployment, proposing the necessary adjustments.

7. "The end review" is the assessment conducted shortly after the conclusion of the program's investment, the project aims to review the results achieved, draw out the lessons of experience.

8. "impact assessment" is the assessment taken at the appropriate time after the third year since the introduction of the program, the project into operation, to clarify efficiency, sustainability and economic impact-the society compared to the original set of objectives.

9. "Breakthrough Assessment" is the assessment made in cases where there are difficulties, difficulties, an external development impact in the process of implementation of the program, project.

10. "Community Investment Monitoring" is voluntary activity of the people living on the commune, ward, town (later known as township-level) to follow, examine the acceptance of regulations on investment management of the agency, the unit involved in the study. in the process of investing; the discovery, petit with state agencies with authority to handle violations of investment (excluding programs, national secret projects under the rule of law).

11. "Investment Monitoring" is a routine tracking, periodic examination of a plan or a breakthrough of the process of making investments of the levels, sectors and localities; detection and timely corrects of errors, shortcomings to ensure investment in accordance with the investment. Planning, planning, objective, and efficiency.

12. "The overall investment track" is regular activity and periodically periodically updates the information regarding investment activity and investment management of the levels, sectors and local sectors; aggregation, analysis, information assessment and proposals of mechanisms, policies, and policies, and more. book related to investment management.

13. "The investment examination" is periodically planned or groundbreaking, aimed at examining the regulatory approval of the investment management of the levels, the sectors; detection and timely corrects of errors, weakness, guarantee of proper investment management. The laws of law; discovery and petitions of competent authorities in time of the inaction, arise or mismanagement of investment management; oversee the handling of the treatment and the acceptance of the measures that deal with the findings.

14. "Investment overall assessment" is a recurring activity under a plan to analyze, evaluate the investment results of the economy, industry, local; determine the level of gain compared to the planning, plan in each period or period; the principle analysis of the economy. affecting the investment results as well as the proposal for solutions to improve investment in the period or the following phase of planning.

15. The "component project component project" is a set of related activities together, aiming to implement one or some of the program ' s specific objectives, to be implemented on a particular location within a given period of time and based on a specific basis. The resources are determined.

16. The "component project owner" is the agency, the organization tasked with managing the project management component of the public investment program.

17. "Owner" is the agency, the organization that is entrusted with mining, the operation of the project.

18. "Investment project using other capital sources" is an investment project that does not use state capital.

What? 3. The hosts perform the investment monitoring and evaluation.

1. The Agency was assigned to recommend the opening of the program to invest the program.

2. The Agency is assigned to invest in the project.

3. Host, component project owner, investor, investor.

4. Agency or person with authority to decide on the investment of investment; the person with the authority to decide to invest.

5. The owner of the project.

6. The governing body, the governing body of the state.

7. The state agency has the authority to sign the project contract in the form of a public partnership.

8. Investment Registry and Investment Registration Authority.

9. The state governing body is specialized.

10. The state governing body for public investment and the state governing body for investment.

11. Community Investment Supervisor Board.

What? 4. The principle of oversight, investment assessment

1. True object, scope, monitoring and evaluation of investment by regulation.

2. Not to interfere with the work of the subjects subject to the oversight and assessment of the investment.

3. There must be standards, criteria and records, valid documents as the basis for monitoring, assessment.

4. The information that serves the monitoring work, assessment of the investment must be full, timely, standard, honest and transparent.

5. A comprehensive review, synchrony of problems related to the investment process.

6. The review, the evaluation must have enough bases, documents; there must be a scientific method that is consistent with the object and the assessment content.

7. The solutions, propose the petition to be practical, specific and secure the feasibility.

8. Results of monitoring, assessment must be processed and positive feedback and must be stored systematically.

Chapter II

MONITORING AND EVALUATION OF THE PROGRAM, THE INVESTMENT PROJECT USING STATE CAPITAL

Item 1

MONITORING AND EVALUATING PUBLIC INVESTMENT PROGRAMS

What? 5. The responsibility for overseeing the public investment program

1. The Agency was assigned to recommend an opening of the self-organizing program to follow up on track, examining the process of planning a report proposing to the investment of the program.

2. The program owner, project owner component tracking, examines the process of investing the public investment program in accordance with the content and approval criteria in order to secure the investment and investment efficiency.

3. The governing body, who has the authority to decide on the investment of the tracking execution program, check the program within the management range. The examination is done as follows:

a) Check at least once for the program to have an investment execution time of over 12 months.

b) The test when adjusting the program changes the location, the target, the scale, the total investment level.

4. The state governing body for public investment is currently tracking, examining the program within the management scope.

5. The agency or the competent person who decides to master the investment program investment program, examines the process of investing programs according to approved content in the text of the decision to invest the program.

6. Agency or person with authority to decide on an investment, the state governing body for public investment, the governing body and the competent person who decides to invest the program decides to organize a program to test the program under a plan or a break-out.

What? 6. The oversight content of the established agency Report proposes the investment of the program, the program owner said.

1. The Agency was assigned to recommend an opening of the self-organization program investment organization, examining the entire process of planning a report that advocated the investment of the program and the following content report:

a) The publication of the proposed proposal to invest the program;

b) The implementation of the appraisal and approval of program investment;

c) difficulties, entanged, arose in the process of planning a proposal to advocated the investment of programs and the handling of the jurisdiction;

d) Proposed a difficult, entangled treatment, the problem of excess of jurisdiction.

2. Host the self-organization program, which checks the entire process of reporting the feasibility of the program and the following content report:

a) The planning of the study feasibility study;

b) The situation of the appraisal and approval of the program;

c) difficulty, entanged, arise in the process of reporting the feasibility of the program and the treatment of authority;

d) Proposed a difficult, entangled treatment, the problem of excess of jurisdiction.

3. Host the self-organization program that performs the following, check the entire process execution process and report the following content:

a) The management of the implementation of the program: The overall planning and detailed plan implementation of the program; implementation and adjustment of the program deployment plan;

b) The establishment, appraisal, decision to invest project component projects;

c) The situation implementation of the program: Progress performs the objectives of the program; the synthesis of the situation implementation of the project component project; the volume value performed;

d) The implementation of the investment capital plan: Capital mobiling for the program; the solution; the capital of capital building capital (if available);

The organizational capacity implementation of the project component project and the approval of the regulation on the investment management of the component project owner;

e) Report and propose a difficult, entangled process of handling, the issue of excess of jurisdiction.

What? 7. The supervising content of the governing body and the competent authority to invest the program.

1. Content Trace:

a) The situation that performs the report mode of the program host, the project owner component of the program by regulation;

b) The current implementation of the situation, the appraisal of the Report proposes the investment of the program;

c) Total implementation of the implementation, appraisal, decision to invest the program and decide to adjust the program (if any);

d) The current implementation of the implementation, appraisal, decision to invest the project component project and decide to adjust the project component project (if any);

Synthesis of the program: progress on the objectives of the program; the implementation of investment capital planning, the solution; difficulty, entanging, the main development affecting the implementation of the program and the processing results;

e) The acceptance of the handling measures of the program owner, the project owner;

g) The report and proposal of a difficult, entangled process of handling, the issue of excess of jurisdiction.

2. Check contents:

a) The acceptance of the regulation in the establishment of the Report proposes the investment of the program;

b) The acceptance of regulation in the establishment, the appraisal of the Program feasibility report;

c) The approval of the regulation in the establishment, appraisal, decision to invest the project component project and decision to adjust the project component project (if any);

d) The management implementation of the program master program and the management implementation of the project component project component of the component project owner;

) The acceptance of the methods of handling the findings of the agencies, the relevant unit.

What? 8. The supervising content of the project owner component

1. Content Trace:

a) The implementation of the implementation and the appraisal, which approx the project component project;

b) Total implementation of the project composition project component project: Set, appraisal, investment project approval; implementation of investment project; implementation of investment capital planning, fiscal; difficulty, entanging, birth and processing results;

c) The report and proposal of a difficult, entangled treatment, the problem exceeds the jurisdiction.

2. Check contents:

a) Content examination related to the implementation and management of the project component project;

b) The approval of the regulation of investment management and the capacity of the investment master ' s project;

c) The adoption of the problem handling the problem has been discovered by the investment owner.

What? 9. The monitoring content of the state governing body for public investment.

1. Content Trace:

a) The situation that performs the report mode of the program owner, the project owner in accordance with the regulation;

b) The current implementation of the implementation, appraisal, approval of program investment; set, appraisal, program investment decision;

c) The current implementation of the implementation, appraisal, approval of the project component project;

d) Total implementation of the program implementation: Progress implementation of the objective of the program; the implementation of investment capital planning, the solution; difficulty, entanging, the main development affecting the implementation of the program and the processing results;

The approval of the program's handling measure, the project owner component;

e) Report and propose a difficult, entangled process of handling, the issue of excess of jurisdiction.

2. Check contents:

a) The acceptance of regulations in the establishment, appraisal, decision-making of the investment of the program;

b) The approval of the regulation in the establishment, appraisal, decision to invest the program, project component project and decision to modify the program, project component project (if any);

c) The management and implementation of the program of the master body, program owner and project owner;

d) The handling and acceptance of the problem handling the findings of the agencies, the unit involved.

What? 10. Monitor the investment project of the public investment program

The oversight of the investment project of the public investment program is currently specified in Section 2 and 3 of these and Chapter III, IV and V Decree.

What? 11. Public Investment Program Evaluation

1. The public investment program evaluation is performed as follows:

a) The public investment program must make an initial assessment, assessment between the period or phase, the end assessment, the impact assessment;

b) The governing body, who has the authority to decide to invest in the assessment of the evaluation of the program when necessary.

2. The organization responsibility for the execution of the public investment program review:

a) The host is responsible for the implementation of the initial assessment, assessment between the period or phase and the end assessment;

b) The person with the authority to determine the investment is responsible for the implementation of the breakthrough assessment, the impact assessment;

c) The state governing body for public investment and the organization's governing body performs the types of planning assessment and evaluation of the program's breakthrough program.

3. Content evaluation of the program implemented by regulation at Article 81 of the Public Investment Law.

Item 2

OVERSIGHT AND EVALUATION OF PUBLIC INVESTMENT PROJECT

What? 12. Responsible oversight of public investment project

1. The agency is assigned to the self-organizing self-organization project execution, examining the process of preparing to invest the project.

2. The self-organizing entity on the track, which checks the entire project investment process by content and the approx is approved to secure the investment and efficiency of investment.

3. The governing body, who has the authority to decide on the investment execution, checks the project within the management scope. The examination is done as follows:

a) Check out at least once for projects that have a period of investment implementation over 12 months;

b) The test when adjusting the project makes changes to the site, target, scale, increase of total investment.

4. The state governing body for public investment and the state management agency specialized in tracking, project management of the management scope.

5. The agency or the competent person who decides to master the investment project investment, examine the process of carrying out the project according to the approved content in the text of the decision to invest in the investment.

6. The agency or the competent person decides to take the investment, the state governing body for public investment, the specialized state governing body, the governing body and the competent person who decides to invest the decision to hold a project inspection under the plan. Or a breakthrough.

What? 13. The monitoring content of the agency is assigned to project investment.

1. The Agency is assigned to the Feasibility Research Report or Report of the Organizational Self-organizing project itself, examining the entire process of planning a pre-feasible research report or the Report on the Financial Investing Project and Report. the following:

a) The establishment of the pre-feasible research report or the Report proposes project investment;

b) The decision of the appraisal, the decision to proactively invest the project;

c) difficulty, entanged, arise in the process of the Feasibility Study Report or Proposed Proposal of the project and the treatment under jurisdiction;

d) Proposed a difficult, entangled treatment, the problem of excess of jurisdiction.

2. The Agency was assigned to report the self-implementation project itself, examining the entire process of reporting the feasibility of the project feasibility and the following content report.

a) The planning of the project feasibility study;

b) The situation of the appraisal, the decision to invest the project;

c) difficulty, entanged, arise in the process of reporting the feasibility study and the handling of the jurisdiction;

d) Proposed a difficult, entangled treatment, the problem of excess of jurisdiction.

What? 14. The surveillance content of the investment owner, owner

1. The owner of the self-organizing organization, examining the entire process execution process and the following content report:

a) The management of the project implementation: The overall planning and detailed plan implementation of the project; the situation to implement and adjust the plan;

b) The situation implementation of the investment project: Progress implementation; volume and volume value performed; the quality of work; the volatility in the implementation of the project;

c) The implementation of the implementation capital plan: Capital mobiling for the project; the solution (response, response recovery, payment); the project capital decision is completed; basic building debt (if available) and processing;

d) The capacity to organize implementation of the project and the acceptance of the regulations on investment management, of the project management and contractors;

Difficult, entanged, born in the process of execution of the project and the treatment of authority;

e) Proposed a difficult, entangled treatment, the problem of excess of jurisdiction.

2. The user self-organization performs tracking, examining the entire extraction process, running the project and reporting the following content:

a) Management, exploitation, project operation;

b) difficulties, entanged, arise during the process of exploitation, project operation and the treatment of authority;

c) Proposed a difficult, entangled treatment, the problem of excess of jurisdiction.

What? 15. The surveillance content of the competent authority to invest

1. Content Trace:

a) The situation implementation of the report regime of the body is assigned to the investment of the project, the owner of the investment, owner;

b) Total implementation of the implementation, project appraisal;

c) Total implementation of the project implementation: Progress implementation; implementation of the investment capital plan; the solution, the project capital decision completed; basic building debt (if available) and the processing; difficulty, entanging, arise affecting the implementation of the project and ending the project. trial;

d) The synthesis of the organization of exploitation, project operation; difficulty, entanging, the main development affecting the process of extraction, project operation, and processing results;

) The acceptance of the handling of the investment holder, the owner of the use;

e) Report and propose a difficult, entanged treatment, the issue beyond the prescribed jurisdiction.

2. Check contents:

a) The acceptance of the regulation of: Monitoring and investment assessment; stance, appraisal decision-making, appraisal, appraisal, project investment decision; bid; resettlement compensation; resettlement; use of investment capital and other resources of the project; father Investment capital, banking, payment, investment decision-making; problem solving, development in the process of implementing the project; the process of collecting projects into operation; management, project management; environmental protection;

b) The management implementation of the project of the investment owner, project management;

c) Progress execution progress;

d) Management, exploitation, operation of the employer project;

The acceptance of the issue of the detection problem of the agency is invested in the investment, the investment owner, the project management, the owner.

What? 16. The monitoring content of the governing body and the state governing body for public investment.

1. Content Trace:

a) The situation imples the reporting regime of the investment body being invested in investment, the investment holder, the person with the authority to decide on the investment and the prescribed use;

b) The established implementation of the situation, the appraisal and decision of investing the project;

c) Total implementation of the implementation, appraisal, project investment decision and decision adjustment decision (if any);

d) Total implementation of the project implementation: Progress implementation, implementation of investment capital planning, solution; difficulty, entanging, major development affecting the implementation of the project and the processing results;

In total, the organization of the organization of exploitation, project operation; difficulty, entangrium, primary development affecting the process of extraction, project operation and processing results;

e) The acceptance of the treatment of the agency is invested in investment, the investment holder, the competent person who decides to invest and the owner;

g) The report and proposal of a difficult, entangled process of handling, the issue of excess of jurisdiction.

2. Check contents:

a) The acceptance of the regulation of: Monitoring and investment assessment; set, appraisal of investment decisions; set, appraisal, project investment decision and decision-making decision (if any); bidding; resettlement compensation; resettlement; use of capital capital; And the other resources of the project; the investment capital, the financial capital, the payment, the payment, the investment, the investment in the project; and the development of the project; and the management of the project; and the management of the project; and the environment;

b) The management of the project implementation of the competent person ' s project decides to invest, the investment owner, project management;

c) Progress execution progress;

d) Management, exploitation, operation of the employer project;

The acceptance of the issue of the detection problem of the body is invested in the investment, the competent authority to invest, the investment holder, the project management, the use holder.

What? 17. The surveillance content of the state management agency specializes in

The functional base, the mission and the field of state management are assigned, the specialized state governing body that oversees the public investment project under the provisions of the specialized law.

What? 18. Public investment project assessment

1. The evaluation of the project is done as follows:

a) A national critical project, the Group A project must take the initial assessment, evaluate the midterm, evaluate the end and evaluate the impact;

b) The group B project, group C must perform an end assessment and impact assessment;

c) In addition to the regulations at the point a and point b This paragraph, the person with the authority to decide on investment and the state governing body of state investment decision making another assessment stipulated at paragraph 4 Article 2 This decree when necessary.

2. The organization responsible for implementing the project assessment:

a) The owner responsible for the implementation of the initial assessment, assessment between the period and the end assessment;

b) The person with the authority to determine the investment is responsible for the implementation of the breakthrough assessment, the impact assessment.

The person with the authority to decide on the investment may be assigned to the owner or agency of the organization that performs the assessment of the project impact due to its decision to invest;

c) The state governing body for public investment performs the planned types of evaluation and evaluation of the project's project of management.

3. Content evaluation of the current public investment project stipulated at Article 81 of the Public Investment Law.

Section 3

MONITORING AND EVALUATING THE INVESTMENT PROJECT USES CREDIT CAPITAL CREDIT, WHICH IS SECURED BY STATE ASSETS, THE VALUE OF LAND USE, CAPITAL FROM THE DEVELOPMENT FUND OF THE CAREER, WHICH INVESTED IN THE DEVELOPMENT OF THE STATE ENTERPRISE.

What? 19. The responsibility of overseeing the project

1. The self-organizing entity on the track, examining the process investment process by content and the approved indicators at the investment decision.

2. The person with the authority to decide to invest in the tracking, examination of the project under the jurisdiction. The examination is done as follows:

a) Check out at least once for investment projects that have an investment implementation time of over 12 months;

b) The test when adjusting to the investment project changes the location, target, scale, increase of total investment.

3. The state-owned representative agency, the competent body that decides to use state capital to invest, the state governing body for investment and the state governing body of the state to follow, examine the project of the management scope.

4. The agency or the competent person who decides to chair the project investment execution project, examine the process of implementing an investment project according to the content that has been approved at the decision text, which advocated investment.

5. The agency or the competent person who decides to chair the investment, the state governing body for investment, the specialized state governing body, the state-owned agency, the authorities have the authority to decide to use state capital to invest the decision. It's a plan for planning or breaking a project.

What? 20. The surveillance content of the investment owner

The investment holder oversees the investment project under the regulatory content at Article 13 and Article 14 of this Protocol.

What? 21. The surveillance content of the competent authority to invest

The person with the authority to invest in the investment is overseeing the investment project under the specified content at Article 15 of this decree.

What? 22. The oversight content of the state-owned representative agency and the competent authorities decided the use of state capital to invest in the country.

1. The state-owned representative body performs the oversight of the investment project under the regulatory content at Article 16 of this Decree.

2. The authorities have the authority to decide the use of state capital to invest in the synthesis of the project implementation of the project and to examine the acceptance of regulations in the use of state capital to invest the project of the investment owner.

What? 23. The investment monitoring content of the state governing body for investment.

1. Content Trace:

a) perform the prescribed content at paragraph 1 Article 16 This decree;

b) The use of state capital use to implement the project.

2. The content examination of the investment project is specified in accordance with Article 2 Article 16 of this decree.

What? 24. The surveillance content of the state management agency specializes in

The functional base, the mission and the field of state management are assigned, the state governing body that specializes in tracking, examining the investment project under the provisions of the specialized law.

What? 25. Project Evaluation

1. The evaluation of the project is done as follows:

a) A national critical project, the Group A project must take the initial assessment, evaluate the midterm, evaluate the end and evaluate the impact;

b) Group B project must perform an end assessment and impact assessment;

c) In addition to the regulations at Point a and this b Point, who has the authority to decide on investment, the state-owned representative body and the state governing body for public investment decide to make another assessment stipulated at paragraph 4 Article 2 This decree as a result. It's essential

2. The organization responsible for implementing the project assessment:

a) The owner responsible for the implementation of the initial assessment, assessment between the period and the end assessment;

b) The person with the authority to determine the investment is responsible for the implementation of the breakthrough assessment, the impact assessment;

c) The state governing body for public investment, the organization representing the organization of the organization implementing the planned types of evaluation and evaluation of the project's breakthrough project.

3. Content evaluation of the project implementation under regulation at Article 81 of the Public Investment Law.

Chapter III

MONITORING AND EVALUATING THE INVESTMENT PROJECT IN THE FORM OF PUBLIC PARTNERSHIP

What? 26. The responsibility of overseeing the project

1. The agency is assigned to the self-organizing self-organization project execution, examining the process of preparing to invest the project.

2. The state agency has the authority to sign the project contract and the self-organizing self-organization implementation of the track, which checks the project investment process according to the approved content and project contract.

3. The person with the authority to decide to invest in the tracking, examination of the project under the jurisdiction. The examination is done as follows:

a) Check out at least once for projects that have a period of investment implementation over 12 months;

b) The test when adjusting the project makes changes to the site, target, scale, increase of investment capital.

4. The investment certification agency, the state governing body for public investment, and the state governing body specialized in tracking, examines the project of the management range.

5. The agency or the competent person who decides to master the investment project investment, examine the process of carrying out the project according to the approved content in the text of the decision to invest in the investment.

6. Agency or person with authority to decide on the investment of investing, the state governing body for public investment, the department of the Certificate of Investment Registration, the specialized state governing body and the competent person who decides to invest the decision to organize the audit. A planned or groundbreaking project.

What? 27. The surveillance content of the agency is assigned to the project investment.

1. The Agency was assigned to report the self-organizing project itself, examining the entire process of the report of the project proposal report and the following content report:

a) The planning of the proposed project;

b) The situation of the appraisal, approval of the project proposal;

c) difficulties, entanged, arose in the process of planning to propose the project and the treatment under jurisdiction;

d) Proposed a difficult, entangled treatment, the problem of excess of jurisdiction.

2. The Agency was assigned to the self-organizing project of the self-organization project execution, examining the entire process of reporting the feasibility of the project feasibility and the following content report:

a) The planning of the project feasibility study;

b) The situation of the appraisal, approval of the Project feasibility study report;

c) difficulty, entanged, arise in the process of reporting the feasibility of the project feasibility and the treatment of authority;

d) Proposed a difficult, entangled treatment, the problem of excess of jurisdiction.

What? 28. The surveillance content of the investor and the state agency has the authority to sign the project contract.

1. The self-organizing investor performs tracking, testing, and reports on the situation that implement the project contract;

2. The state agency has the authority to sign the self-organizing project itself to follow, check and report the following content:

a) The choice of investor; negotiation, signing of the project contract and investment registration;

b) The execution of the project contract;

c) The other content under the regulation at Article 14 of this decree.

What? 29. The surveillance content of the competent authority to invest

1. Watch, check out the investor selection, sign the project contract and register the investment.

2. Watch, check out the implementation of the project contract.

3. Do other content according to regulation at Article 15 of this decree.

What? 30. The monitoring content of the agency ' s certification agency receives investment registration and the state governing body for investment investment.

1. Certificate of Investment Registration Certificate

a) General execution of regulatory implementation at the Investment Registration Certificate;

b) Check out the regulatory approval of the investment management of the contracting parties in the implementation of the Project Contract.

2. The State Administration of Investment Management

a) Trace, check out the publication of the project catalog;

b) The situation synthesis of the choice of investor, negotiation, contract signing and implementation of the Certificate of Investment Registration;

c) The situation synthesis of the project contract;

d) Check out the regulatory approval of the investment registration certificate level;

) Check out the regulatory approval of the investment management of the contracting parties in the implementation of the Project Contract.

What? 31. The surveillance content of the state management agency specializes in

The functional base, the mission and the field of state management are assigned, the state governing body that specializes in tracking, examining the investment project in the form of public partnerships according to the provisions of the specialized law.

What? 32. Assessment of investment project in the form of public partnership

1. The evaluation of the project is done as follows:

a) A national critical project, the Group A project must take the initial assessment, evaluate the midterm, evaluate the end and evaluate the impact;

b) Group B project must perform an end assessment and impact assessment;

c) In addition to the regulations at Point a and this B Point, who has the authority to decide on investment, the Certificate of Investment Certificate of Investment and the State Administration of Public Investments for the investment decision making another assessment stipulated at paragraph 4 Article 2 Decree. It's necessary.

2. The organization responsible for implementing the project assessment:

a) The state agency has the authority to sign the project contract responsible for the implementation of the initial assessment, assessment between the period and the end assessment;

b) The person with the authority to determine the investment is responsible for the implementation of the breakthrough assessment, the impact assessment;

c) The state governing body for public investment performs the planned types of evaluation and evaluation of the project's project of management.

3. Content evaluation of the investment project in the form of a regulated public partnership under regulation at Article 81 of the Public Investment Law.

Chapter IV

MONITORING AND EVALUATING THE INVESTMENT PROJECT USING OTHER CAPITAL SOURCES

What? 33. The responsibility for monitoring the project

1. The investor, the self-organizing economic organization that performs surveillance, checks the project.

2. The Investment Registry performs tracking, testing the project within the management range. Testing is performed at least once per project.

3. The state governing body for investment and the state governing body of the state specializes in tracking, testing the project within the management scope.

4. The agency or the competent person who decides to master the investment project, examine the process of implementation of the project according to the approved content in the text of the investment decision.

5. Agency or person with authority to decide on an investment, the state governing body for investment, specialized state management agency, and investment regioners decide to hold a plan or break-up project.

What? 34. The surveillance content of the investor

The investor, the self-organizing economic organization that performs tracking, checks the project and reports the following content:

1. The implementation of the proposed procedure decides to make an investment decision, granting the Certificate of Investment Registration and the Level of Business Registration Certificate (if available).

2. Progress execute the project and progress on the goal of the project.

3. Advance to investment capital, regulatory capital, capital of capital (for disciplines, business investment is required to have legal capital).

4. The exploitation situation, which operates the project: The results of business investment, information on labor, state funding, investment for research and development, the financial situation of the business, and specialized industry indicators.

5. The implementation of the requirements for environmental protection, land use, use of mineral resources by regulation.

6. The implementation of the regulation in the text decides the investment policy and the Certificate of Investment Registration (if available).

7. The meeting of business investment conditions for industry projects, conditional business investment.

8. The situation performs preferable investment (if available).

What? 35. The surveillance content of the investment registry agency

1. Content Trace:

a) The execution of the investor ' s reporting regime;

b) the execution of the project execution;

c) The synthesis of the mining situation, the operation of the project;

d) The situation synthesis of the requirement for environmental protection, land use, use of the mineral resources of the project;

) The handling and acceptance of investor ' s handling measures, economic organization;

e) Report and propose a difficult, entangled process of processing, problems that are beyond jurisdiction.

2. Check contents:

a) The implementation of the regulation in the text of the decision policy of investing, the Certificate of Investment Registration (if any);

b) The progress of the project, including investment implementation progress, which has a loan and progress on the project target.

c) The response to investment conditions, preferable conditions, investment support and the implementation of investor commitments (if available);

d) The acceptance of the regulation of oversight, investment assessment and the mode of statistical reporting by regulation;

The trial of the problem was discovered.

What? 36. The monitoring content of the state governing body for investment

1. Content Trace:

a) The situation performs the reporting regime of the investment registry;

b) The acceptance of the disposal measures of the investment registry;

c) Rules of regulation at 1 Article 35 This decree.

2. Check contents:

a) The suitcases of the investment project with the planning of economic, social development;

b) The granting, adjustment, recovery of the Certificate of Investment Registration of the investment registry according to the rules of the law;

c) Incentives for investment projects;

d) The monitoring, evaluation and support of investment after granting the Certificate of Investment Registration;

) Implementing the reporting of the reporting aggregation of the situation for the implementation of the investment project by regulation;

e) The content stipulated in paragraph 2 Article 35 of this decree.

What? 37. The surveillance content of the state management agency specializes in

1. Content Trace:

a) The execution of the investor ' s report regime pursues to the regulation of specialized law;

b) The acceptance of the investment measures of the investor;

c) The report and proposal of a difficult, entangled process of processing, problems that are beyond jurisdiction.

2. Check contents:

a) The suitcases of the investment project with the planning of industry development, land use planning;

b) The acceptance of regulation on environmental protection, land use, use of mineral resources (if any);

c) The compensation, the free release, the soil recovery;

d) The adoption and approval of the regulation of specialized law on the project.

What? 38. Investment project assessment using other capital sources

1. The organization responsible for the implementation of the project assessment:

a) The investor, the economic organization that implement the project of the decision-making, is determined to end;

b) The investment registry and state regulatory authority on the investment organization performs a breakthrough assessment and impact assessment when needed.

2. The assessment content is over:

a) Assessment of the results of the implementation of the objectives, the resources that have mobilized, the progress of execution, project benefits;

b) Proposal and petition.

3. Content assessment content:

a) The implementation of the extraction, operation of the project;

b) The impact, economic efficiency-the society of the project;

c) Proposal and petition.

4. Breakthrough assessment:

a) The suitcases of the results perform the project compared to the investment objective;

b) The degree of completion of the workload relative to the regulation in the text of the decision of investing, the Certificate of Investment Registration (if any);

c) Define the expected external ones (if any) and cause;

d) The influence of the unexpected births to the implementation of the project, the ability to complete the goal of the project;

Proposals and petitions.

Chapter V.

MONITORING AND EVALUATING THE INVESTMENT PROJECT ABROAD

What? 39. Responsible for overseeing the investment project abroad

1. The investor, who has the authority to decide to invest the project, the state-owning agency that owns the track, examines the process of project investment in accordance with the content and the criticism approved at the investment decision.

2. The state governing body on investment and the state governing body of the state specializes in tracking, testing the project within the management scope.

3. The agency or the competent person who decides to master the project investment execution project, examine the process of implementation of the project according to the approved content in the text of the decision to invest in the investment.

What? 40. The surveillance content of the investor

The self-organized investor performs tracking, project checks, and reports of the following content:

1. The implementation of the foreign business investment procedure.

2. The situation implementation of the project: The progress of the project, the implementation of the objectives of the project, the mobiling and transfer of capital investment abroad, the mobiling and use of state capital to invest abroad (if any).

3. The exploitation situation, which operates the project: The results of business investment activity, the financial situation of the established economic organization abroad to implement the project; the holding of profit to reinvest, retain profits to invest the new project, the benefit of the investment. returns water; the implementation of financial obligation to the state of Vietnam; the use of Vietnamese labour.

4. The implementation of the specified content at the Certificate of Registration Registration abroad.

5. The assurance of foreign investment conditions to foreign investment projects in the fields of banking, securities, insurance, science and technology.

What? 41. The oversight content of the competent person who decides to invest and the state-owned representative body for projects using state capital to invest abroad in the United States.

1. Content Trace:

a) The execution of the investor ' s reporting regime;

b) Total implementation of the project: The progress of the project, the implementation of the objectives of the project, the transfer of capital investment abroad; the management, use, conservation and development of the investment capital of the State of the right;

c) The combined results of business investment activity, the financial situation of the established economic organization abroad to implement the project, the transfer of returns to the country;

d) The approval of the investor ' s treatment;

) Report and propose a difficult, entanged treatment, issues beyond jurisdiction.

2. Check contents:

a) progress on the project;

b) The submission of the rule of law in the use of state capital to invest abroad;

c) The implementation of the regulation at the Certificate of Investment Registration abroad;

d) The approval of the rule of law in the matter: The transfer of investment abroad, bringing Vietnam labor abroad, shifting the profits of the country, monitoring and evaluating the investment project abroad.

The trial of the problem was discovered.

What? 42. The surveillance content of the state governing body for investment

1. Content Trace:

a) The execution of the investor ' s reporting regime;

b) The implementation of the project implementation: The implementation of the project, the implementation of the objective of the project, the transfer of capital investment abroad;

c) The combined results of the investment activity abroad;

d) The approval of the investor ' s treatment;

) Report and propose a difficult, entangled treatment, the problem beyond jurisdiction.

2. Check contents:

a) progress on the project;

b) The implementation of the regulation in the text of the decision to capitalization of the investment, the certificate of registration of foreign investment and other provisions of the law of foreign investment;

c) The acceptance of the problem of handling the problem has detected.

What? 43. The surveillance content of the professional state management agency

The functional base, the mission and the field of state management are assigned, the state governing body that oversees the project overseeing the investment project abroad according to the following content:

1. Content Trace:

a) Track of the situation implementation of the project within the scope of the project, the field of management: Progress implementation of the project, the implementation of the objectives of the project, the transfer of capital investment abroad, the mobiling and use of state capital to invest abroad (if any);

b) The operation of the operational investment abroad in scope, field of management;

c) The guarantee of foreign investment to foreign investment projects in the fields of banking, securities, insurance, science and technology;

d) The approval of the investor ' s treatment;

) Report and propose a difficult, entangled treatment, the problem beyond jurisdiction.

2. Check contents:

a) The adoption of the laws of law in matters: The transfer of foreign investment abroad, the use of state capital to invest abroad, bringing Vietnamese labor abroad, shifting the profits of water and other laws of law related to investment in the country. Out;

b) The acceptance of the problem of handling the problem has detected.

What? 44. Evaluation of the investment project abroad

1. The organization responsible for the implementation of the project assessment:

a) The investor is responsible for the evaluation of the end;

b) The state-owned representative body, who has the authority to decide on investment, the specialized state governing body and the state governing body on the investment organization make a sudden assessment of the breakthrough and assessment of the impact as needed.

2. The assessment content is over:

a) Evaluation of the results of the project implementation compared to the regulation at the Registration Certification for foreign investment: Results perform the objectives of the project; the resources have mobilized; the progress of the project; the economic efficiency of the project;

b) Proposal and petition.

3. Content assessment content:

a) The exploitation, operation and efficiency of project investment: The results of business investment, the financial situation of the established economic organization abroad to implement the project; the profitability of the project, the transfer of returns to the country; the implementation of the project. the financial case for the state of Vietnam; the situation using Vietnamese labor;

b) Proposal and petition.

4. Breakthrough assessment:

a) The suitcases of the results perform the project compared to the investment objective;

b) The level of completion of the workload compared to the regulation at the Certificate of Investment Registration abroad;

c) Define the expected external (if available) and cause;

d) The influence of external development is expected to implement the project, the ability to complete the goal of the project;

Proposals and petitions.

Chapter VI

GLOBAL INVESTMENT MONITORING AND EVALUATION

What? 45. Full monitoring and evaluation of investment

1. The state governing body for investment makes track, inspection, and evaluation of the overall investment within the management range.

2. The state governing body specializes in tracking, testing, and evaluation of the overall investment in the industry, the management sector.

3. The Investment Registry performs tracking, inspection, and evaluation of the overall investment within the management range.

4. The state-held business of over 50% of the charter capital performs tracking, testing and evaluating the overall investment of the business.

What? 46. Content tracking content

1. The promulgation of the text instructs policies, legislation relating to investment by jurisdiction.

2. The establishment, appraisal, approval and management of the implementation of the planning.

3. The establishment, appraisal and approval of the investment.

4. The implementation of the public investment plan stipulated at Article 77 of the Public Investment Law.

5. The establishment, appraisal, approval and implementation of investment projects in the form of public partnership.

6. The establishment, appraisal, approval and implementation of investment projects using credit capital credit, which is secured by state assets, the value of land use, capital from the development fund of the career, the development capital of the business. The state.

7. Investment project management uses other capital sources:

a) Investment attraction, implementation of the decision-making procedure of investing, granting the investment registration certification and management implementation of the investment project of foreign investors and economic organizations with foreign investment;

b) The implementation of the decision-making procedure of investing and managing implementation of the investment project uses private capital resources in the country.

8. The organization performs surveillance and investment evaluation.

What? 47. Total investment check content

1. The implementation of the provisions of the text instructs policies, legislation relating to investment.

2. Progress implementation and the acceptance of the established regulations, appraisal, approval and management of the implementation of the planning.

3. Progress implementation and the acceptance of the established regulations, appraisal and approval of the investment.

4. The implementation of the public investment plan stipulated at Article 77 of the Public Investment Law.

5. Progress implementation and the acceptance of the established regulations, appraisal, approval and implementation of investment projects in the form of a public partnership.

6. Progress implementation and the acceptance of the regulatory, appraisal, approval and implementation of investment projects using credit capital credit, which is secured by state assets, the value of land use, capital from the development fund, and the development of the government. active career, the development capital of the state-owned enterprise.

7. Progress implementation and the acceptance of regulations in investment project management use other capital sources.

8. The organization performs surveillance and investment evaluation.

What? 48. The overall assessment of the investment

1. Overall, analysis, situation assessment and investment outcomes of the economy in terms of scale, speed, structure, progress, investment efficiency.

2. Evaluation of the degree of gain compared to the approved planning, plan task, or compared to the pre-reached level; evaluate the feasibility of the planning, the planned plan.

3. Evaluation of the public investment plan stipulated at Article 78 of the Public Investment Law.

4. The overall assessment of the investment management situation.

5. Identilocate the factors, the cause of the effect on the situation and the investment results; proposals for solutions to improve investment in the period or the following phase of planning.

Chapter VII.

COMMUNITY INVESTMENT MONITOR.

What? 49. Community investment oversight

1. Citizens have the right to oversee investment projects through the Community Investment Monitoring Board; the order, procedure, the investment monitoring process of the community is implemented under the regulation at Article 83 of the Public Investment and Decree.

2. The investment oversight board of the community is entitled:

a) Required state management agencies to provide information on economic-social development planning, industry development planning, planning, land use planning, infrastructure development planning, planning to build on details of the area, and the development of the area. urban, residential, industrial area, and investment planning are related to the commune according to the rule of law;

b) The requirements of the state governing body are concerned with the answer on matters of the regulatory extent under the rule of law;

c) Request the host, the owner of the answer, provide information that serves investment oversight: Investment decisions; information on the investment, project management, contact address; progress and investment planning; land and land use; and land use; There is a detailed facet of detail and architectural variation; compensation, free and resettlement and resettlement; the treatment of waste and environmental protection.

For programs, investment projects with capital and public resources, the project uses a social-level budget or by direct funding of organizations, individuals to the township level, in addition to the above content, program owner, owner responsible for providing the project to the public. add more information about the process, process of engineering, type and type of supplies; results of the results of the recording and decision of the work;

d) The state governing body has jurisdiction, the program holder, the responsible owner of the provision of the documents at the points a, b, c This paragraph to the Board of Investment Supervisor of the community.

3. The petition for the competent authority to suspend the investment, which operates the project in the following circumstances:

a) The discovery of the sign of a violation of the law during the course of the project's implementation of a serious impact on the production, security, culture-society, habitat of the community;

b) The investment master does not make public information about the program, the investment project under the rule of law.

4. Reflant with state agencies on the results of the public investment monitoring of the community and the petition for the treatment.

5. The Ministry of Planning and Investment specifically instructs the condition, the procedure itself and the compensation treatment (if any) when the suspension or stop execution of the investment project to apply unity within the country.

What? 50. Community Investment monitoring content

1. The community ' s investment monitoring content on the program, public investment project, investment project in the form of a public partnership; the investment project uses credit capital credit, which is secured by state assets, the value of the right to use by the government. land, capital from the development fund of the career, which invested in the development of the state-owned enterprise.

a) Track, examination of the suitcase of investment decisions, investment decisions with economic-social development planning, planning, land use planning, related planning, and investment planning on the law of law;

b) Watch, check on the owner of the investment in accordance with the provisions of: Land and land use; detailed side planning, architectural methods, construction; waste disposal, environmental protection; compensation, free release and resettlement; Degree, investment plan;

c) Detection of the Damaging of the benefit of the community; the negative effects of the project to the community ' s habitat during the implementation of the investment, the operation of the project;

d) To detect waste, capital failure, project property;

The implementation of the public, transparency in the process of investing.

2. The content monitoring content of the community on investment projects from other capital sources makes up the points a, b, c, clause 1 Article.

3. Content monitoring content of the community on programs, capital investment projects and community capacity, project using a social budget or by direct funding of organizations, individuals for the township level.

a) Perform the specified content at This One Article;

b) Watch, examine the compliance of processes, process of technical, quantitative, and type of physical categories according to regulation; monitor, test results test results, and process decisions.

What? 51. The organization oversees the investment of the community

1. Vietnam National Front Committee:

a) The establishment of the Committee of Investment Supervisor of the Community for each program, project. The Committee's composition was at least five people, including the National Front Committee, the People's Front Committee, and the People's Representative on the site;

b) Planning community investment monitoring of programs, projects on the site and informing host, investor, program management, project planning and component of the slowest community's Investment Supervisor Board 45 days ago And when you do,

c) The guidelines for the Board of Investment Monitoring of the program to build the program, plan to monitor investment in accordance with the provisions of this law and the decree; support the Board of Investment Monitoring of the community in communications, establish and submit investment monitoring reports. of the community;

d) Instructs, active community mobiles exercise the right to oversee investment in accordance with the provisions of this decree;

) Confirm the text of the reflection, the petition of the Board of Supervisor Investment of the community before sending the competent authorities.

2. The Chair of the Social People 's Committee on the condition of the township, the layout of the work site for the community' s investment oversight board of meetings and archives of documents serving the community ' s investment monitoring; facilitrus using the means of information, contact and management. The People's Committee is serving the community's investment surveillance.

3. Community Investment Monitoring Board:

a) The organization performs the investment oversight of the community according to the program, the scheme that has proposed; the reception of information is reflected by citizens in order to send to the regulatory authorities under the regulation of this decree; reception and information to citizens who know what to do. The answer of the governing body has authority over his petitions;

b) periodically report or report to the Vietnam National Front Committee report on the results of the investment monitoring of the community.

Chapter VIII

MONITORING EXECUTION COSTS, INVESTMENT ASSESSMENT

What? 52. Cost and source of capital oversight, investment assessment and investment

1. The supervising cost, the investment assessment is the full cost required for the agency, the organization, the individual to carry out the monitoring, assessment of the investment by regulation at this Decree.

2. The source of capital execution, investment assessment:

a) The cost for monitoring work, investment assessment conducted by the state management agency is used from a source of career funding, a frequent source of funding for monitoring work, investment assessment under the agency ' s annual plan, the unit that carried out the work of the government. This mission;

b) The cost for monitoring work, investment assessment due to the agency being assigned to the investment of the program, the body invested in project investment is calculated in the cost of program investment, project;

c) The cost for monitoring work, investment assessment by the program holder, investor, investor, state agency has the authority to sign the self-implemented project contract or hire an execution by 20% of the cost of program management, project and being charged in the project. the total level of program investment, project;

d) The cost for monitoring work, the investment assessment of the employer is calculated in the cost of mining, operating the project;

The cost of the community's investment supervisor is used from a state budget under the annual plan of the Composition Committee, due to the state budget.

3. The agencies, organizations, individuals who are tasked with monitoring, evaluating the regulation of regulation at this Decree use state budget capital or other investment capital sources to carry out surveillance work, evaluating investment must ensure the right purpose, savings, and other investment. It is effective according to the state's current financial management regime and stipulated at this decree.

What? 53. Cost of oversight, investment assessment

1. Chi for program tracking, investment project

a) Cost of stationing, supplies, equipment to be served directly for program tracking, investment project;

b) The cost for information, contacts to direct service to program tracking, investment projects;

c) The cost of the backup, the assessment, sent the document, sent the report;

d) Administrative expenses for meetings, conferences; and

) The cost of building periodic reports;

e) The cost of organizing training classes, career guidance;

g) The cost of setting up, updating the report and operating the Information System Information System, evaluating program investment, state capital use projects, and the National Information System on investment.

2. Chi for program inspection work, investment project

a) Cost of stationing, supplies, equipment to be served directly for program inspection, investment project;

b) The cost for information, communication directly to the program inspection work, the investment project;

c) The cost of the backup, the assessment, sent the document, sent the report;

d) Administrative expenses for meetings, conferences; and

Cost train travel and baggage ID, document carrying to work (if available); outpatient money, rent for workers to work;

e) The construction cost of the report results report.

3. Chi for program evaluation work, investment project

a) Cost of stationing, supplies, equipment to be directly served for program evaluation work, investment project;

b) The cost for information, communication directly to the program evaluation work, investment project;

c) The cost of the backup, the assessment, sent the document, sent the report;

d) Administrative expenses for meetings, conferences; and

Cost train travel and baggage ID, document carrying to work (if available); outpatient money, rent for workers to work;

e) The construction cost of reporting results assessment results, project;

g) The cost of hiring professionals, consulting.

4. Chi for supervising work, evaluating overall investment

a) The purchase of the stationing office, supplies, equipment that is directly served for the monitoring work, the overall investment assessment;

b) The cost for information, communication directly to the monitoring work, assessment of the overall investment;

c) The cost of the backup, the assessment, sent the document, sent the report;

d) Administrative expenses for meetings, conferences; and

Cost train travel and baggage ID, document carrying to work (if available); outpatient money, rent for workers to work;

e) The construction cost of reporting results of the overall investment examination;

g) The construction cost of the report results report, the overall investment assessment;

h) The cost of hiring professionals, consulting.

5. Cost the operation of monitoring information systems, program investment assessment, state capital use project, and the National Information System of Investment.

6. The cost of supporting the investment community of the community

a) The cost of purchasing a stationing office; information, contacts serving the community ' s investment monitoring;

b) The cost of the backup, the evaluation, sent the document, sent the report of the community's investment monitoring;

c) The administrative costs for the meetings, the conference on investment oversight of the community;

d) The cost of organizing training classes, guidelines on the monitoring of the investment of the community;

He is responsible for the members of the Board of Supervisor of the Community.

What? 54. Management, use of oversight costs, investment assessment and

1. The management, use of oversight costs, evaluated the investment of the public investment program, the investment project investment holder of the existing public investment project in terms of program cost management, investment project.

2. Management, use of supervising costs, evaluating the investment of the competent decision-making authority, the capital investment project using credit capital credit, which is secured by state assets, the value of land use, capital from the development fund. active career, the development capital of the state enterprise and the state governing body having the authority to sign and implement the PPP contract implementation under the provisions of this Article 1 Article.

3. Manage, use supervising costs, evaluate investors ' investments in other capital use projects: The self-management investor and the use of supervising funding, valuing investment by the management of the investment capital of the project.

4. Manage, use the cost of oversight, evaluate the investment of the competent state governing body.

a) Every year the state governing body of state has oversight authority, evaluating the investment planning and cost of the career, spending regularly on the mission of oversight, assessment of investment. The cost of the investment assessment, investment assessment is set up on the basis of a monitoring plan, investment assessment, regulatory expenses at Article 53 of this decree and the level of the current regulation;

b) The management of oversight costs, assessment of the investment made by regulation of management and the use of a career resource, the frequent spend of the competent authority or by the State Budget Law;

c) The case of the state governing body has the authority to hire consulting to make program evaluation, the investment project, the management of this expense, such as the management of consulting services. The advance, payment of capital for program evaluation consulting, the project is implemented under the current regulatory regulation of the management of the allocated capital, the investment payment for investment and construction consulting organizations.

5. Manage, use the cost of supporting the investment monitoring of the community.

a) The cost of supporting the investment supervisor of the community on the township-level address is balanced in the expenditures of the NF/Nga Front Committee and due to the security budget. The funding level of the community's investment supervisor on the site is consistent with the community's planned investment monitoring plan decided by the People's Assembly and guaranteed a minimum of $05 million per annum.

The establishment of the bill, the issuing, payment, and funding decision for the Investment Supervisor Board of the community performed by the regulation on the management of the township budget and other financial activities of the department;

b) The cost of supporting the propagation work, the organization of training classes, guidelines, consignations, sumiers on the investment supervision of the community at the district level, the province is balanced in the expenditures of the District Front Committee, provincial and district budgets, I'm sorry.

6. The establishment of the cost of monitoring and evaluating the investment and management of supervising costs and the assessment of the investment in accordance with the current regulation.

Chapter IX

THE ORGANIZATIONAL CAPACITY OF THE ORGANIZATION, THE INDIVIDUAL WHO PERFORMS THE INVESTMENT PROJECT ASSESSMENT.

What? 55. The personal capacity of the individual performs an investment project assessment.

1. The ability of the individual to implement an investment project assessment consulting is divided into the 1st and 2nd class.

2. The ability of the individual to implement a second class investment project assessment

a) There is a degree in college.

b) There has been time to participate in the work involved in minimum investment management of five years;

c) participated in the implementation of the investment project assessment or the feasibility of the feasibility study or the examination, appraisal or investment management of the minimum 5 projects;

d) Have learned through the monitoring of the monitoring of the monitoring of the monitoring, investment assessment and certification of training issued by the legal training facilities of Vietnam or abroad or by name in the list of faculty evaluation projects under the regulation at Point c. Paragraph 3 Article 58 of this decree.

3. The ability of the individual to implement a first Class 1 investment project assessment

a) There is a degree in college.

b) has reached a minimum 2-year minimum of 3-year minimum investment project evaluation or has time to take part in the minimum investment management of 8 years;

c) participated in the implementation of the investment project assessment or the feasibility of the feasibility study or the examination, appraisal or investment management of the 2nd minimum of Group A projects;

d) Have been learned through the monitoring of the monitoring of the monitoring, investment assessment and certification of training issued by the legal training facilities of Vietnam or abroad or by name in the list of faculty evaluation projects under the regulation at the Point of Point. It ' s a three-Article 58 Protocol.

4. Activity Range

a) Division 2: engaged in the implementation of the investment project assessment against group B project, C;

b) Division 1: participated in the investment assessment advisory consultation on the national key project, Group A project, B, C.

What? 56. The competence condition of the implementation of the investment project assessment advisory

1. Host implementation of the investment project assessment consulting is divided into the 1st and 2nd class.

2. Capacity for the implementation of the second class investment project assessment

a) Meet the conditions of the individual who perform the assessment of the second-tier investment project by regulation at Clause 2 Article 55 This decree;

b) conducted the implementation of the investment project assessment advisory or the presiding officer of the feasibility study or presiding officer, the appraisal or director of the Project Management Board at the minimum of 5 projects.

3. Capacity for the implementation of the first Class 1 investment project assessment

a) Meet the conditions of the individual who perform the first Class 1 investment project under regulation at Clause 3 Article 55 This decree;

b) the implementation of the investment project assessment or the implementation of the feasibility study Report or the presiding officer, appraisal or as Director of the minimum Investment Management Board 2 project A or more.

4. Activity Range

a) Division 2: chaired by the implementation of the investment project evaluation consultation on the Group B project, C;

b) Division 1: chaired by the implementation of the investment project assessment on the national importance project, project group A, B, C.

What? 57. The capacity of the organization to implement the investment project assessment advisory

1. The competence of the organization when implementing an investment assessment consulting activity is divided into the 1st and 2nd class.

2. The organization ' s competence performs the consulting assessment of the second class investment project.

a) There are at least 5 people who have sufficient capacity to perform an investment assessment advisory advisory, including at least 01 qualified for the second-rate assessment by regulation at Clause 2 Article 56;

b) There is a charter of 1 billion or more.

3. The organization ' s competence performs consultancy assessment of the first Class 1 investment project.

a) There are at least 5 people who have sufficient capacity for the individual to perform an investment assessment consulting consulting, including at least one person who has qualified presiding over the rating of Class 1 rating under regulation at Clause 3 Article 56;

b) There is a charter of 1 billion or more.

4. The operating range of the organization performs the investment project assessment.

a) Division 2: conducted consulting evaluation project investment project B, C;

b) Division 1: Consultated on the investment assessment of the investment project of national importance projects, Group A, B, C.

What? 58. The capacity conditions of the training facility evaluate the investment project.

1. The training facility evaluating the investment project must meet the following conditions:

a) There is legal status and functional functional function in accordance with the rule of law;

b) There are at least five teachers evaluating the investment response project in paragraph 3 This Article;

c) There is a teaching document that is consistent with the framework program under the Planning and Investment Department;

d) Subscription in the list of training facilities that evaluate the investment project due to the Ministry of Planning and Investment Management.

2. The registration of the training facility evaluating the investment project:

a) A copy of the corroboration of one of the following texts: A business registration certificate or established decision;

b) The enumerability of the capacity of the training facility: The facilities, personnel of the training facility, documents related to the training management process;

c) The offer to register the training facility, the vote provides the registration of the training facility to evaluate the investment project by the template.

3. Lecturer assessment for the investment project must meet the following conditions:

a) graduated from college;

b) There are at least 8 years of experience one of the activities: Consulting assessment consulting; set, appraisal, investment project appraisal; state management of investment; implementation of law-drafting of law, manual, appraisal, assessment, assessment, assessment, and evaluation. management of investment projects;

c) Subscription in the list of investment project evaluiers due to the Ministry of Planning and Investment Management.

4. The lecturer registration records assessment of the investment project:

a) A copy of the certificate to prove the people, identity cards, or passports;

b) a copy of the degree of a degree in graduate degree or graduate degree;

c) The offer to register the investment assessment lecturer, the coupon information provider evaluated the investment project according to the sample.

5. The Ministry of Planning and Investment provides detailed details and guidelines on the management of supervised career training, investment assessment.

Chapter X

ORGANIZATION CARRYING OUT SURVEILLANCE AND INVESTMENT ASSESSMENT

What? 59. The responsibility of the Ministry of Planning and Investment in the investment monitoring and assessment

The Ministry of Planning and Investment is the lead body that helps the Prime Minister to organize the oversight, assessment of the responsible investment:

1. Guide, monitor and aggregation of the Prime Minister ' s report on monitoring work, assessment of investment in the country.

2. The organization performs monitoring, evaluating the overall investment in the nationwide scope.

3. Supervising the supervising, evaluating programs, projects led by the Prime Minister, the Government, the National Assembly decided to take the investment.

4. The organization performs monitoring, evaluating the project on its decision-making projects (including the devolve and authorization projects to the subordinate decision-making).

5. The organization performs monitoring, evaluating the project due to the portfolio of the portfolio registration.

6. petition with the Prime Minister or with the ministries, the industry, the local concerned about the solutions aimed at overcoming the entanging in the investment activity of the industries, localities or for specific projects to ensure progress and investment efficiency.

7. Consider, have opinions or resolve the issues of function, the ministry ' s mandate at the request of the ministries, the other sector, the local and the investment holder.

8. Build and operate the surveillance service information system, evaluate the investment.

9. Do other tasks related to the monitoring and assessment of investment when the Government, the Prime Minister demands.

What? 60. The responsibility of the ministries, the peer agency in the monitoring and investment assessment

1. The organization performs monitoring, evaluating the overall investment in the sector, the sector due to its management.

2. The organization performs monitoring, evaluating projects under its decision-making authority (including the devolve and authorization projects to the subordinate decision-making).

3. The organization performs monitoring, evaluating the investment project of state-owned enterprises who hold more than 50% of the regulatory capital under management.

4. The organization performs monitoring, evaluating investment projects in the form of public partnerships as the state agency has the authority to sign the contract.

5. The organization performs monitoring, evaluating the sector in response to business investment conditions on investment projects under jurisdiction.

6. Coordinated by planning with the Ministry of Planning and Investment that performs oversight, evaluation of programs, projects led by the Prime Minister, the Government, the National Assembly decided to advocated investment in the areas of its management range.

7. Resolve the petitions of the ministries, industry, local and the owner of the matters of the function, its mission.

8. Have opinions or resolve issues of function, the ministry ' s mission, the sector when there is a requirement of ministries, other sectors, the local, the investment owner and the investor.

9. Report on monitoring work, an overall assessment of the investment within the sector, its management sector, and monitoring, evaluating the investment project under its decision-making authority under the regulatory regime.

10. Full update, timely, accurate reporting on the specified information system at paragraph 14 Article 68 This decree.

What? 61. The responsibility of the People ' s Committee of the provinces, the Central City of China in the monitoring and assessment business

1. The organization performs monitoring, evaluating the overall investment within the local management scope.

2. The organization performs monitoring, evaluating projects under its decision-making authority (including the devolve and authorization projects to the subordinate decision-making).

3. The organization performs monitoring, evaluating the investment project of state-owned enterprises who hold more than 50% of the regulatory capital under management.

4. The organization performs monitoring, evaluating projects due to the granting of a Certificate of Investment Registration.

5. The organization performs monitoring, evaluating investment projects in the form of public partnerships as the state agency has the authority to sign the Contract.

6. Monitoring the implementation of the planning and planning of land, ensuring the environment of the projects on the province ' s land, city; opinions or settlement in time of the issue of the free liberation, the use of functional land, its mission, and its use. when there is a request from the ministries, the industry and the investment owner.

7. The Prime Minister or ministries, industry on matters relating to local general investment activity and concerning projects under its management authority to solve in time of difficulties, entanged progress and performance, the government said in a statement. The investment.

8. Report on monitoring work, evaluating the overall investment within its management range and monitoring, evaluating the investment project under its decision-making authority under the regulatory regime.

9. Full update, timely, accurate reporting on the specified information system at paragraph 14 Article 68 This decree.

What? 62. The responsibility of the investment registry in the monitoring and evaluation of investment.

1. The organization performs monitoring, evaluating the overall investment and oversight, evaluating the investment project within the management range.

2. Report on monitoring work, evaluating the overall investment and oversight, evaluating the investment project under the regulatory authority.

3. Full update, timely, accurate reporting on the specified information system at paragraph 14 Article 68 This Protocol.

What? 63. The responsibility of the State-held business on 50% of the charter capital in the monitoring and evaluation work

1. The monitoring organization, evaluating the overall investment within the management scope of the business.

2. The organization performs monitoring, evaluating projects due to its decision to invest or under management.

3. Report on monitoring work, evaluating the overall investment and oversight, evaluating the investment project under the regulatory authority under the regulatory regime.

4. Full update, timely, accurate reporting on the specified information system at paragraph 14 Article 68 This Protocol.

What? 64. The responsibility of the program host, the investment holder, employer, investor in the monitoring and evaluation of the program, the investment project.

1. Public investment program owner, investment owner, owner of a public investment project and the investment holder of investment projects using credit capital credit, which is secured by state assets, the value of land use, capital from the development fund operating out of the capital. the career, the development capital of the responsible state enterprise:

a) The organization performs monitoring, evaluation of the program, the project by regulation at this decree;

b) Building the monitoring frame, evaluate the project before the project launch;

c) Setting up the internal information system, gathering and storing the full information, data, records, documents, books, books, testimonies of the project, the report of the contractors, the changes in policy, the law of the State, the regulations of the sponsor involved. to the management of the project implementation (if the project has an ODA capital resource);

d) A timely report of the management agency on the handling of the accentuation, the development of the authority;

(s) report monitoring and evaluation of the project by regulation;

e) Full update, in time, exactly the information reporting to the specified information system at paragraph 14 Article 68 This decree;

g) responsible for the reporting content and responsible for the regulation of the law due to the report, which provides an unaccurate information on the situation of investment execution within the management range.

2. The investor is responsible

a) The organization carried out oversight, evaluating the project by regulation at this decree;

b) Set up the internal information system, collect and store the full information, data, records, documents, books, records of the project, the report of the contractors involved in the management implementation of the project;

c) The timely report of the management of the processing of the entanged, outage of authority;

d) Report the monitoring and evaluation of the project by regulation;

Fully updated, timely, accurate reporting information on the regulatory information system at paragraph 14 Article 68 of this decree;

e) responsible for the reporting content and responsible for the regulation of the law due to the report, which provides an unaccurate information on the situation of investment execution within the management range.

What? 65. The organization performs monitoring and evaluating investment.

1. The ministries, the division of an subordinated unit (the rank) lead the implementation of supervising duties, assessment of the investment of the ministry, its sector; the direction of monitoring execution, investment assessment for other units subordinated, the projects were set up by the Ministry, the division. level or authorization for subordination.

2. The provinces, the Central City of the Central Planning and Investment Department make the lead on monitoring duties, assessment of the investment of the province, the city; guidelines for monitoring of oversight, investment assessment for the levels, subordinated units, project projects, and more. The Provincial People's Committee, the devolve city or authorization to the subordinate.

3. State-held businesses over 50% of the charter capital trades in charge of investment planning as a lead on supervising duties, evaluating the investment of the business; guidelines for carrying out oversight, investment assessment for online units, and more. Yes,

4. Host, owner of the program, the owner of the project management transaction, or designated the responsibility department regularly performs oversight duties, valuing the investment of the projects within the management range.

5. The investor who uses the project business or designated the responsible department regularly performs supervising duties, valuing the investment on the project of the management range.

6. The case of an agency that performs simultaneously the role of the two hosts returns in the following subjects: The state governing body for public investment, the state governing body for investment, the specialized state governing body, the governing body, the agency ' s representative body. the owner of the state, the investment registry, who has the authority to decide the investment, the state agency has the authority to sign the contract, the program holder, the owner of the investment, the employer; the oversight, the investment assessment is done as follows:

a) The lead unit does all the oversight tasks, evaluate the investment of the agency. The task of monitoring, evaluating investment as a program owner, investment owner or owner must be assigned to the program representative unit, the owner of the investment, the owner of the entity;

b) The monitoring content, investment assessment is done on the basis of the cage of monitoring content, assessing the investment of the hosts being assigned.

7. The specified units from Clause 1 to paragraph 6 This exercise oversight, assessment of investment in the following forms:

a) Self-implementation of the monitoring, program evaluation, investment project and monitoring, evaluating the overall investment;

b) Hire professionals, consulting organizations to perform program evaluation, investment projects, and overall investment assessment.

8. The competent person who decides to invest the project determines the owner of the chartered investment, the consulting organization has sufficient capacity to evaluate the investment project.

9. Professional hiring, consulting organization to perform program evaluation, investment project, and overall evaluation of the investment in accordance with the provisions of the law on bidding.

What? 66. The mission and authority of the agency, the unit carrying oversight, assessment of investment

1. The agencies, the unit tasked with carrying out oversight, evaluating investment functions that will help the ministries, the industry, the People ' s Committee, the businesses and investors perform the monitoring work, the investment assessment has the following specific task:

a) There are plans to follow, check, evaluate the investment and organization of the implementation of the tracking, test, investment assessment within the scope of responsibility delivered;

b) Division specific assignments, cadres responsible for tracking, testing, program evaluation, investment projects and tracking, testing, overall investment assessment; and more.

c) The organization of the system provides and store information about the investment situation within the scope of the Ministry, industry, local, business or projects (for the investment owners) due to its management;

d) Collusing the reports, the relevant information that monitors the tracking, inspection, assessment of the investment in each subject of regulation;

) Make the review, analyze the information, report, report monitoring, evaluate the investment in accordance with the content and ask for the process to submit a review authority.

2. The Agency, the unit that performs the monitoring, the investment assessment has the following powers:

a) Request for the agencies, units to execute the monitoring, assessment of investment at the report-related levels according to the regulatory regime, provide information, additional documentation related to monitoring content, assessment of investment if necessary;

b) The necessary case can be exchanged directly over the phone or at the scene with the agencies, the unit carrying out the monitoring, assessment of investment at the relevant levels, the investment holder, the investor to clarify the content related to the tracking, inspection, etc. assess. When working directly at the scene must have a plan, a specific work content and must be notified in advance with the agencies, the unit involved;

c) The acute petition has the authority to adjust the project when necessary or cancel the decision to invest, suspend, suspend the implementation of investment projects if in the monitoring process, the investment assessment found there are serious misdeeds. The acute report has jurisdiction over the violation of supervising regulations, assessment of the investment of the investment owner, investor, agency, the relevant unit and the petition of handling measures according to the extent of the breach.

What? 67. The way, the self-execution process, investment assessment

1. The monitoring of the program, the investment project and the overall investment tracking are made through the following ways:

a) Watch regularly at the scene;

b) Trace through the periodic report and report of the raid on request;

c) Trace through the report in conjunction with periodic tracking or mutations at the scene.

2. Host, investor, investor, the investor who performs a regular tracking of the program, the investment project and the responsibility for accuracy, in time of the reporting information.

3. The person with authority to decide on investment and the state governing body has the authority to perform program tracking, investment projects and overall investment on the basis of aggregation, analysis, assessment of the report information of the program owner, investor, investor and investor. The investment and the agencies, the units involved.

The necessary case can work directly at the scene to clarify the relevant information.

4. The inspection, evaluation of the program, investment project, and examination, the overall investment assessment is conducted through the following ways:

a) Through the report;

b)

5. The program follows the program, the investment project.

a) Building and regulate the monitoring framework, assessment of the program, project;

b) Define the need for information and trace indicators;

c) Build a tracking plan;

d) Build an organizational structure that supports tracking;

) Preparing the tools and systems of information technology that supports the tracking of the program, the project;

e) Collation and analysis of data;

g) Report results in accordance with regulation mode.

6. Program check sequence, investment project

a) Set up and browse the Test Plan;

b) (if any);

c) Check out the inspection plan and request for the preparation of the document to be examined. The document preparation time of the minimum examination subject is 20 days from the date of receiving the document requesting the preparation of the document;

d) conduct the examination. The duration of the inspection at the site of the maximum inspection team is 20 days;

All right, let's report the results. The duration of the synthesis, the maximum test results report is 20 days;

e) Press the test results and end the test. The maximum execution time is 10 days from the date of receiving the inspection.

7. Presentation of the program assessment, investment project

a) Set and browser the evaluation plan;

b) (if any);

c) The assessment of the assessment plan and request for the preparation of the evaluation document;

d) The summary description of the program nature, the project is evaluated (building and regulating the assessment framework of the program, project);

Prepare for detailed assessment plan;

e) Collation and analysis of data;

g) Report the assessment results;

) To announce the assessment results.

8. The self-execution of the overall investment

a) Define the need for information and the tracking index;

b) Build a tracking plan;

c) Building organizational structure support for tracking;

d) Preparing the tools and information technology systems that support the overall monitoring of the investment;

Collecting and analyzing data;

e) Report results in accordance with the regulatory regime.

9. The self-execution of the investment test

a) Set up and browse the Test Plan;

b) (if any);

c) Check out the inspection plan and request for the preparation of the document to be examined. The document preparation time of the minimum examination subject is 30 days from the date of receiving the document requesting the preparation of the document;

d) conduct the examination. The duration of the inspection at the site of the maximum inspection team is 30 days.

All right, let's report the results. The duration of the synthesis, the maximum test results report is 30 days;

e) Press the test results and end the test. The maximum execution time is 10 days from the date of receiving the inspection.

10. Presentation of the overall investment assessment

a) Define the target, scope, assessment content;

b) Set and browser the evaluation plan;

c) To set up the assessment (if any);

d) The assessment plan and request for the preparation of the evaluation document;

Collecting and analyzing data;

e) Report assessment results;

g) To announce the assessment results.

What? 68. Report mode on surveillance, investment assessment.

1. The Ministry of Planning and Investments aggregate the Prime Minister on oversight, evaluating the overall investment of 6 months and all year, which includes the content reporting aggregation, evaluating the national key project, the Group A project in the nationwide scope.

2. The ministries, industry, local, state economic corporation and the Corporation of the Investment Capital Business Investment and submit the Ministry of Planning and Investment of the following types of reports:

a) The monitoring report, evaluating the overall investment of 6 months and years;

b) The monitoring report, the overall assessment of the overall operational investment abroad.

3. The registry of the investment registry and the sending of the Provincial People ' s Committee report monitoring, evaluating investment six months and years;

4. The Agency is assigned to recommend an investment or investment research report, public investment project, and a person or agency with the authority to decide on an investment, the governing body, and the head of the entity. kill, evaluate the investments of the following types of reports:

a) the monitoring report, periodic review: Quarter I, 6 months, precious III and five;

b) The monitoring report, evaluation prior to the presentation of the program's investment in the program, project.

5. The Agency is assigned to report the feasibility of the program, the public investment project, and the sending of the competent decision-making authority, the governing body and the head of the monitoring implementation, evaluating the investment of the following types of reports:

a) the monitoring report, periodic review: Quarter I, 6 months, precious III and five;

b) The monitoring report, evaluation before the decision to invest the program, project.

6. Host, owner of programs, public investment projects, and sending people with the authority to decide investments, the governing body and the lead unit to execute the monitoring, evaluating the investment of the following types of reports:

a) the monitoring report, periodic review: Quarter I, 6 months, precious III and five;

b) The monitoring report, evaluation prior to the start of the program, project;

c) The monitoring report, evaluation prior to the adjustment of the program, project;

d) The monitoring report, the conclusion of the program, project;

The report reviews the program, the investment project being held by itself;

e) For the program, the national critical project, the Group A project and the project to use targeted support from the central budget, at the same time must submit the Ministry of Planning and Investment reporting oversight, evaluation of the six-month period, all year and report regulations at various countries. Point b, c and d This paragraph.

7. Using a public investment project and sending people with the authority to decide the investment, the head of the implementation of the oversight, the investment assessment of the following types of reports:

a) The monitoring report, assessment of the exploitation situation, operates the annual project in time from the project to the extraction, operation until the report of the project impact assessment;

b) Report impact assessment.

8. The owner of the projects that use credit capital credit, which is secured by the state ' s assets, the value of land use, capital from the development fund of the career, which invested the development of the state enterprise and sent the agency. the owner, who has the authority to decide on the investment and the unit of the lead to execute the monitoring work, evaluate the investments of the following types of reports:

a) the monitoring report, periodic review: Quarter I, 6 months, precious III and five;

b) The monitoring report, evaluation prior to the start of the project;

c) The monitoring report, evaluation before the project adjustment;

d) Report assessment of the investment project due to its implementation;

Report before monitoring, evaluation at the beginning of the extraction, project operation (for Group C project);

e) For national critical projects, the A-team project has to send the Ministry of Planning and Investment reporting oversight, evaluation of the six-month period, all year and report regulations at Points b, c, d and this clause.

9. The investor performs the project in the form of a form of public public cooperation and sends the authority to decide the investment and the licensing of the registration of the investment of the following types of reports:

a) the monitoring report, periodic review: Quarter I, 6 months, precious III and five;

b) The monitoring report, evaluation prior to the start of the project;

c) The monitoring report, evaluation before the project adjustment;

d) Report assessment of the investment project due to its implementation;

) the monitoring report, evaluation prior to the beginning of the extraction, operation of the project (for Group C project);

e) For national critical projects, Group A project and project using targeted support from the central budget, at the same time must submit the Department of Planning and Investment reporting oversight, assessment of the 6-month term, all year and report stipulated at Points b, c, d, et al. And this one.

10. The investor of projects using a different source of capital and sending the investment registry and the agency to the oversight of the monitoring work, assessment of the investment of the locality where the project's investment is made to invest the following types of reports:

a) The monitoring report, the periodic review: 6 months and all year;

b) The assessment report ends (if any);

c) The monitoring report, evaluation prior to the start of the project (for projects that are not part of the Investment Registration Certificate);

d) Supervising oversight, evaluation prior to the beginning of the exploitation, operation of the project (for projects that were not part of the Investment Registration Certificate).

11. Investors of the investment projects abroad and send the Ministry of Planning and Investment, State Bank of Vietnam, the Ministry of Finance, the state-owned representative agency, the Provincial People ' s Committee where the investor is headquartered and the Vietnamese representative agency in the United States. the following countries receive the following types of reports:

a) The monitoring report, the periodic review: 6 months and all year;

b) The monitoring report, evaluation prior to the project adjustment (for the case of the project adjustment case, must be adjusted to the Investment Registration Certificate);

c) The assessment report is concluded.

12. State Treasury grants:

a) The annual Central State Treasury, the year of the Ministry of Finance and the Ministry of Planning and Investment Planning on the situation of the solution of the program, the investment project using the state budget;

b) The annual Provincial State Treasury, the year of the Financial Department and Planning and Investment Planning on the budget of the program, the investment project using the state budget on the site.

13. The report regime oversees the investment community.

a) The Investment Supervisor of the periodic community reports the Vietnam National Front Committee on the situation to implement community investment oversight on the program, project on the site. In case of issues of violation or other recommendations on programs, projects in the process of monitoring the investment of the community, the Supervisor Board of the General Investment Committee of the Communist Front Committee of Vietnam to send petitions to the public. The agency involved;

b) The annual Committee of the United Nations Committee on the Periodic Table, aggregation of the investment monitoring of the community on the commune's address to the People's Assembly, the People's Committee, the Committee on the Front of the People's Republic of Vietnam, the Provincial Committee of the Republic of Vietnam.

c) The National Front Committee of the Vietnam National Front level periodically, aggregable, reporting results of the results of the investment monitoring of the local community, sending the Department of Planning and Investment, People's Council, Provincial People's Committee, and the Ministry of Planning and Investment.

14. Personally, the organization, the regulatory agency at 1 to paragraph 11 This is fully updated, in time, precisely the report information on the following information systems:

a) Program, public investment project; the investment project in the form of a public partnership; the investment project uses credit capital credit, which is secured by state assets, the value of land use, capital from the development fund of career, capital, and equity. The development investment of the state-owned enterprise using the Information System Information System, evaluating program investments, investment projects using state capital;

b) The investment project uses other capital and investment projects abroad using the National Information System of Investment.

15. Personally, the organization, the regulatory agency at 1 to paragraph 12 This makes a report of the mutation when required.

16. The Ministry of Planning and Investment, in collaboration with the relevant authorities:

a) Build and operate the Information Systems set out at Article 14 This Article;

b) Guide to the management, operation and exploitation of use of the system;

c) Evaluation of the operation of the system of the state governing body on investment in the central and local.

What? 69. The report deadline and the content report on the monitoring, investment assessment

1. The deadline for reporting by the program owner, investor and investor:

a) To report before the 15-day project;

b) Send the report before the program regulator, project;

c) Send the report before the start of the extraction, operating the 15-day project;

d) Send the quarterly report before the 10th of the next month;

Sending the report 6 months ago on July 10 of the five reports;

e) To report the year before 10 February the following year.

2. The deadline for the report of the investment registry:

a) To report 6 months ago on July 20;

b) To the previous year ' s report on 20 February next year.

3. State Treasury report deadline:

a) To the quarterly report before the 10th of the first month of the next quarter;

b) Submit report 6 months ago July 10 of the year of reporting;

c) To the annual report before 10 February the following year.

4. The deadline for reporting by ministries, sector, local, state economic corporation and the state-owned investment business investment firm:

a) To report 6 months ago on July 30;

b) Send the report the year before 1 March the following year.

5. The deadline for reporting investment monitoring of the community

a) The investment oversight board of the community sent the report before the 10th of the next month;

b) The United Nations Committee on the Front of the Fatherland Front sent the report annually before 10 February the following year;

c) The United Nations Front Committee issued a report every year before February 20, the following year.

6. The Ministry of Planning and Investment reported the Prime Minister:

a) Report on monitoring work, assessment of investment 6 months ago August 31 of the year of reporting;

b) Report on the monitoring work, evaluating the investment of the year before 31 March the following year.

7. The reporting content implementation of the corresponding regulation at Chapter II, III, IV, V, VI and VII Decree.

8. The monitoring report pattern, the investment assessment by the provisions of the Ministry of Planning and Investment.

What? 70. Handled monitoring results, investment assessment

1. The ministries, sectors, localities must review and handle the timing of the issues that arise, the supervising agency ' s petitions, investment assessments, program owners, investment owners, employers and investors on issues of their powers and responsibilities in the industry, the company said. a 15-day term, since the date of receiving the relevant party ' s proposed text and is responsible for the handling of the jurisdiction or the timely reporting to the level on the issues beyond jurisdiction.

2. Competent levels when deciding to invest the program, the project must be based on monitoring results, evaluating the process of preparing the program to invest in the program, the project.

3. Competent levels when regulating the program, the project must be based on the test results, evaluate the project program when adjusting the program, the project by regulation at this Decree.

4. Results of monitoring and evaluation results are the base for the competent authorities to select the investment holder, the investor who performs the program, the project.

5. Results assessment results, the project is the base for the competent authorities to review, decide whether the investment expands on the program, project, or decision to invest the programs, the same project.

What? 71. Processing of violations in surveillance and investment assessment

1. Agency, organization, individuals with violations of the breach or behavior of other violations, depending on the nature, the degree of violation that is subject to disciplinary treatment, sanctipated administrative offenses, or in search of criminal responsibility; if the damage is caused, compensated compensation. of the law.

2. The execution of the administrative breach in the monitoring and evaluation of the investment in accordance with the regulation of the law on administrative violation of administrative offenses in the field of planning and investment.

3. For programs, public investment projects, a project that uses credit capital capital credit, which is secured by the assets of the State, the value of land use, capital from the development fund of the career, the development capital of the business. The state capital, the owner of the investment does not fully implement the report regime, the agency chief, the program owner, the investment owner, the Director of Project Management and the cadres assigned oversight duties, valuing the investment of the program owner, the investment owner. must be treated as follows:

a) 2 odd hours without reports or 3 non-reported discharges;

b) 3 times without a report or 4 non-report is reported.

4. In the case of a regulatory violation of the report regime, public investment projects are only planned and resolved by the capital after the regulation of regulation at Clause 2 and Clause 3 This and the addition of missing content or report. Oh,

5. The authorities have the authority to only be adjusted to investment, program adjustments, investment projects, Investment Registration certificates after the implementation of the test, evaluation of the program, the prescribed project at this Decree.

6. Handout the violations of investment management during the monitoring process, assessment of investment:

a) The agencies carrying out oversight, evaluating the investment report in the time of the granting of the competent authorities cases of the management of the investment management under the management of the regulations;

b) The agencies carrying out oversight, evaluating the investment deliberately hiding cases of violation of investment management would be responsible for the union before the law on the offenses and consequences.

7. Every year on the basis of aggregable reporting, the proposal by the agency to implement investment monitoring and evaluation work, ministries, industry, local review, decision-making decisions for program owners, investors, investors in breach of regulatory and regulatory violations. the investment assessment in the forms:

a)

b) Replacement of the program, the owner of the investment;

c) Not the owner of other projects.

8. Every year, the Ministry of Planning and Investment performs:

a) The criminal form of treatment for ministries, industry, local does not carry out monitoring reporting, evaluating the overall investment or execution of monitoring reporting, evaluating the overall non-date investment, which does not guarantee the quality;

b) The President reports the Prime Minister on the situation to handle violations in the monitoring and assessment of the investment.

Chapter XI

EXECUTION CLAUSE

What? 72.

1. This decree has been in effect since 20 November 2015.

2. This decree replaces the Digital Protocol 113 /2009/NĐ-CP December 15, 2009 the Government of the Government on the monitoring and evaluation of the investment.

3. The previous provisions of the Government, ministries, peer and local agencies with this decree abolished.

What? 73.

1. Ministers, peer-agency Prime Minister, Head of Government of the Government, Chairman of the People ' s Committee of the Provinces, the Central City of the Central, the Head of Political, Political-Social, Social and Social Politics organizations-the profession and the institutions. The individual is responsible for the implementation of this decree.

2. The Ministry of Planning and Investment, in coordination with the ministries, the relevant sector is responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung