Law 49/2041/qh13: Public Investment

Original Language Title: Luật 49/2014/QH13: Đầu tư công

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CONGRESS
Number: 49 /2014/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 18, 2014

LAW.

Clutch head g

_____

The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Act of Public Investment.

Chapter I

COMMON RULES

What? 1. The adjustment range

The law specifies the management and use of public investment; state management of public investment; rights, obligations, and responsibilities of the agency, unit, organization, individual related to public investment activities.

What? 2. Subject applies

This law applies to the agency, organization, individual involved, or is involved in public investment, management and use of public capital capital.

What? 3. Apply Public Investment Law, International Treaties, International Agreements

1. Management, use of public capital capital, public investment activities must comply with the provisions of this Law and other provisions of the relevant legislation.

2. The case of international treaties in which the Socialist Republic of Vietnam is another regulated member with the provisions of this law applies to the provisions of that international treaty.

3. The implementation of the program, the foreign public investment project adhering to the regulations of the international convention that the Socialist Republic of Vietnam is a member, the international agreement between Vietnam and the foreign side.

What? 4. Explain the word

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

1. The report proposes an investment. is the documentation of the preliminary research content of the need, the feasibility and effectiveness of the public investment program, the Group B project, the C team as the basis for the competent authorities to decide on investing.

2. Pre-feasibility study report is the documentation of the preliminary research content of the need, feasibility, and effectiveness of the national critical project and the A Group A project as the basis for granting the authority to decide on the investment of investing.

3. Feasibility study report is the document that presents the research content of the need, the level of feasibility and effectiveness of the program, the public investment project as the basis for granting the authority to decide the investment.

4. Ministry, Industry and Local is the body that is publicly traded by the Prime Minister of the Government, including:

a) The central body of the political organization, the Supreme People's Audit Institute, the Supreme People's Court, State Auditor, the Office of the President of the State, the Office of the National Assembly, the Ministry of the National Assembly, the ministry, the government, the government (then called the ministry, the central body);

b) The Provincial Committee of the Provincial People, the Central City of the Central Committee (later known as the Provincial People's Committee);

c) The central body of the Vietnam Fatherland Front and of the political-social organization;

d) The other organization was given a public investment plan.

5. Program owner is the agency, the organization that is given the management of the public investment program.

6. Capitalism. is the agency, the organization entrusted with the project of public investment.

7. Public investment program is a set of objectives, tasks, and solutions aimed at implementing economic-social development goals.

8. Target program is a public investment program aimed at performing one or some of the goals in each industry, in some territories in each particular stage.

9. National Target Program is a public investment program that aims to implement the economic and economic goals of each specific phase within the country.

10. Governing body is the department, industry, and local regulation at this 4 Articles, the agency of the political organization, the agency of the National Assembly of the program, the project.

11. Public investment management expertise is the unit that has a public investment management function under the Ministry of Planning and Investment; the unit is entrusted with the public investment of the ministry, the central body, the Vietnam Fatherland Front, the political-social organization, the agencies, other organizations that are assigned public investment plans; Planning and Investment; in the chamber, the board has a public investment management function of the District People's Committee, the township level.

12. State Management Agency for Investment These include the Government, the Ministry of Planning and Investment, the People's Committee.

13. Public investment project is the investment project that uses all or part of the capital investment capital.

14. Emergency project. is an investment project under the decision of the competent authority to overcome the time of disaster incidents and other adverse cases.

15. Public investment is the investment activity of the State on programs, projects that build economic infrastructure-social and investment in programs, projects that serve economic-social development.

16. Investment in the form of public partnerships is the investment made on the basis of a contract between the competent state agency and the investor, the project business to implement, administer, operate the infrastructure project, provide public services.

17. Public investment activity These include, appraisal, decision-making, decision-making, decision-making, program decisions, public investment projects; set, appraisal, approval, delivery, implementation of public investment planning; management, use of public capital; track and review, check Torture, planning, program, public investment project.

18. Plan Public investment is a set of objectives, orientation, program categories, public investment projects; financial capital balances, capital allocation methods, resource mobiling solutions, and implementation implementation.

19. Basic building debt is the volume value that has been recorded by the approved public investment plan project, but has not yet been deployed to the volume of that implementation.

20. State management hierarchy on public investment is determining the powers and responsibilities of the agency, the organization, the competent individual in public investment.

21. Public investment the regulation in this law consists of: state budget capital, national public capital, government bond capital, local government bond capital, official development assistance (ODA) and preferable capital of foreign donors, investment credit capital investment credit. building of the State, which is from the source of revenue left to the investment but has not yet put in the balance of the state budget, other loans of the local budget for investment.

What? 5. Public investment sector

1. Program investments, economic infrastructure projects.

2. Investment serves the functioning of the state agency, the career unit, the political organization, the political-social organization.

3. Investment and operational support for product provision, utility services.

4. State investment in the implementation of the project in the form of a public partnership.

What? 6. Classification of Public Investment Projects

1. Based on the property, the public investment project is classified as follows:

a) The project has a construction component of the investment project: new construction, renovation, upgrade, expansion of the project that has invested construction, including asset purchase, purchase of project equipment;

b) The project does not have the construction component of a property purchase project, which receives the transfer of land use, purchase, repair, equipment upgrades, machinery and other projects that are not specified at this point.

2. An important and scale-investment base, the public investment project is classified as a national key project, Group A project, B group project, and group C project by criteria in accordance with article 7, 8, 9 and 10 of this Law.

What? 7. National important project classification criteria

The national key project is the independent investment project or the cluster of works that are closely linked to one of the following criteria:

1. Use capital investment from 10,000 billion or more;

2. Great influence on the environment or potential for serious environmental impact, including:

a) Nuclear Power Plant;

b) Use land that requires the purpose of using national parks, nature reserves, landscape protection zones, research forests, scientific experimentation from 50 hectares or more; the forest in the first place is from 50 hectares or more; the windshield forest, the forest shield. The sand that flies, the waves, and the seas, and the environment, out of the 500 hectares of the earth; and the forest produces from 1,000 hectares.

3. Land use requires a transfer of the purpose of land cultivation from two or more cases to the scale of 500 hectares.

4. The migrants resettled from 20,000 people back in the mountains, from 50,000 people back in other regions;

5. The project requires the application of the mechanism, special policy needs to be decided by Congress.

What? 8. The group classification project A

Excluding the national key projects stipulated at Article 7 of this Law, the projects belonging to one of the following criteria are the A Group A:

1. The project does not differentiate the total investment in one of the following cases:

a) Project at the site of special national monuments;

b) The project at the site is particularly important to the nation in defence, security under the rule of the law on defense, security; and

c) The project in the defense of defense, security is of national security properties;

d) The production of hazardous substances, explosives;

The industrial infrastructure project, the manufacturing sector;

2. The project has a total investment from 2,300 billion returns to the following sector:

a) Transport, including bridges, seaports, river ports, airports, railways, highways;

b) Industrial;

c) Oil and gas extraction;

d) Chemicals, fertilizers, cement;

Machine-making, metallurgy;

e) Mining, processing minerals;

g) Build the housing estate;

3. The project has a total investment of between 1,500 billion or more of the following sector:

a) Transport, except for regulatory projects at the point of a two Article;

b) irrigation;

c) Water drainage and engineering infrastructure;

d) Electrical engineering;

The production of information devices, electronics;

e) Chemicals;

g) The production of materials, excluding regulatory projects at the point of 2 This Article;

h) The mechanical structure, except for regulatory projects at the end of this two.

i) Postal, telecommunications;

4. The project has a total investment from 1,000 billion returns to the following sector:

a) agricultural production, forestry, aquacowork;

b) National Park, Nature Reserve;

c) Infrastructure the new urban area;

d) Industry, minus projects of the specified industrial sector at 1, 2 and 3 Articles;

5. The project has a total investment of between 800 billion or more of the following sector:

a) Health, culture, education;

b) scientific research, learning, radio, television;

c)

d) Tourism, sport;

Building a civil service, except for building blocks at g 2.

What? 9. The criteria for classification of Group B project

1. The project in the regulatory sphere at paragraph 2 Article 8 of this Law has a total investment of between 120 billion and less than 2,300 billion.

2. The project in the regulatory sphere at paragraph 3 Article 8 of this Law has total investment of between 80 billion and less than 1,500 billion.

3. The project in the regulatory sphere at paragraph 4 Article 8 of this Law has total investment of between 60 billion and less than $1,000 billion.

4. The project in the regulatory sphere at paragraph 5 Article 8 of this Law has total investment from 45 billion to under 800 billion copper.

What? 10. The criteria for classification of Group C project

1. The project in the regulatory sphere at paragraph 2 Article 8 of this Law has a total investment of less than 120 billion.

2. The project in the regulatory sphere at paragraph 3 Article 8 of this Law has a total investment of less than 80 billion.

3. The project in the regulatory sphere at paragraph 4 Article 8 of this Law has a total investment of less than 60 billion.

4. The project in the regulatory sphere at paragraph 5 Article 8 of this Law has a total investment of less than 45 billion.

What? 11. Regulatory of public investment project classification

1. Congress decides to adjust the criteria for classification of the national key project stipulated at Article 7 of this Law.

2. The Standing Committee of the Standing Committee of the National Assembly decides to regulate the criteria for classification of the public investment project stipulated at articles 8, 9, and 10 of this Law and to report the National Assembly at the most recent session.

3. The adjustment of the criteria for classification of public investment projects in paragraph 1 and paragraph 2 This is done in the case of a large or large variable price index case in terms of the public investment management hierarchy in relation to the first project classification criterion. Public consultation or other key factors affect the criteria for classification of public investment project.

What? 12. Public Investment Management Principles

1. Compact the provisions of the law on management and use of public capital capital.

2. In line with the economic development strategy-the society, the country ' s 05-year economic development plan, economic development planning-social development and industry development planning.

3. Make the right responsibility and powers of the state governing body, organization, individual related to management and use of public capital capital.

4. Management of the use of public capital investment in the correct regulation for each source of capital; ensuring the investment of focus, synchrony, quality, savings, efficiency and ability to balance resources; not to fail, waste.

5. Public guarantee, transparency in public investment.

6. Encourage to organize, personally invest or invest in the form of an industrial partnership in the project of economic infrastructure-social and public services.

What? 13. State management content on public investment

1. Board and organization implementing the law of the law of public investment.

2. Build and organize strategic implementation, program, planning, planning, solution, public investment policy.

3. Watch, provide information on management and use of public capital capital.

4. Evaluation of public investment effectiveness; inspection, inspection of the implementation of laws of public investment, planning compliance, public investment plan.

5. Procouncing the breach, address the complaint, the organization ' s denouncing, the individual in relation to the public investment operation.

6. Khen rewards agency, organization, unit, individual whose achievements are in public investment.

7. International cooperation on public investment.

What? 14. Justice, transparency in public investment

1. Public content, transparency in public investment, including:

a) Policy, law and the organization to implement policy, law in management and use of public capital;

b) Principles, criteria, and allocation of capital investment allocation;

c) The principle, the criteria, the base that identifies the project category in the medium and annual public investment plan;

d) Planning, planning, public investment program on the site; capital capital for each program by year, implementation progress and public investment program financing;

Portfolio of projects on the site, including scale, total investment, time, location; report assessment of the overall impact of the project to the investment site;

e) Plan allocation of capital investment and yearly by each source of capital, including project portfolio and capital investment capital capacity for each project;

g) The situation of mobiling other resources and other resources involved in the implementation of the public investment project;

h) The situation and the implementation of the plan, program, project;

i) Progress implementation and resolution of projects by each source of capital;

l) Results the recording, program evaluation, project.

2. The head of the agency, the organization, the unit must carry out the public job of public investment in accordance with the rule of law.

What? 15. Cost of planning, appraisal, tracking, testing, evaluation, planning inspector, program, public investment project, and more.

1. Cost of planning, appraisal of the report proposing to the investment of national target programs, the public investment program that uses the agency ' s career funding, the unit that performs these tasks.

2. The cost of planning, the appraisal of the Feasibility Study Report, the Report proposes the investment of the project using the investment prepared capital of the project.

3. Cost of planning, public investment planning using a career funding source, the regular funding of the agency, the unit set, the planning appraisal.

4. Cost of tracking, inspection, planning evaluation, program, project using a career funding source, the agency's frequent source of funding, unit execution of these tasks.

5. The inspector cost uses regular funding of the agency, the inspection unit.

6. For the program, the project uses ODA capital and preferable loans of foreign donors, encouraging sponsors to support the financing to pay the regulatory costs at this.

What? 16. The acts are prohibited in public investment

1. The investment decision does not align with strategy, planning, planning; not the right authority; not the right sequence, the procedure by law; non-balance of capital investment.

2. The decision to invest in the program, the project when not granted a competent authority to decide on an investment or not right with an investment holder has been granted a decision authority. The decision to adjust the investment capital of the program, the total investment of the project contrary to the rule of law on public investment.

3. Use of office, authority to usurp, the benefit, corruption in management and use of public capital.

4. Host, owner of collusion with the consulting organization that leads to the decision to invest investment, decision to invest the program, the failed project, the waste of capital, the assets of the State, the nation ' s resources; harm, breach of public interest. the people and the community.

5. Take, receive, broker a bribe.

6. Request for the organization, the individual to self-abandon investment when the program, the project has not yet been decided on an investment, has not yet been approved or has yet to be planned, causing basic construction debt.

7. Use of non-purpose, non-correct, standard-to-face, norms, norms as defined by law.

8. Make false assumptions, profiles, documents related to investment decisions, investment decisions, program implementation, project.

9. Deliberate Reporting, providing untrue, non-honest information, objectively affecting the establishment, appraisal, planning decision, program, project.

10. Try to report, provide untrue, non-honest, non-objective information that affects monitoring, assessment, inspection, inspection and breach of breach in the implementation of planning implementation, program, project.

11. intentionally destroy, cheat, hide or save incomplete material, testimonies, profiles associated with investing decisions, investment decisions, implementation of the program, project.

12. Obstruction of public investment law enforcement.

Chapter II

ADVOCATED INVESTING AND DECIDING TO INVEST THE PROGRAM, PUBLIC INVESTMENT PROJECT.

Item 1

SET, APPRAISAL, INVESTMENT DECISION

What? 17. The authority decides to chair program investment, project

1. Congress decided to host the program investment, the following project:

a) National target program;

b) The national important project.

2. The government decided to advocated an investment program investment program using central budget capital, national public capital, government bond capital, ODA capital and preferable borrower of foreign donors, which credit the state ' s development investment, which is capital of the United States. from the source of revenue left to the investment but not to the balance of the state budget.

3. The Prime Minister decides to chair the investment program, the following project:

a) Project A;

b) The project uses central budgetary capital due to the central body of the United Nations Front of Vietnam and of the political-social organization; agency, other organization management; and

c) Emergency project using central budgetary capital;

d) The investment program uses ODA capital and preferable loans of foreign donors, except for the national target program, the specified target program at paragraph 1 and paragraph 2;

The project uses ODA capital and preferable loans of foreign donors by government regulation.

4. The head of the ministries, the central body decided to chair the following project investment:

a) Group B project and group C uses capital investment from state budget, national public capital, government bond capital, state development credit capital investment credit, capital from revenues left for investment but has not yet entered a balance of state budget due to the agency. I manage, except for the project.

b) The project uses ODA capital and the preferable loan of foreign donors due to its regulatory agency, except for the regulatory project at the point of 3 This Article.

5. The people ' s council of grants decides to host the investment program, the following project:

a) The investment program by the entire local budget balance capital, the local government bond capital, capital from the source of revenue left to the investment but has not yet brought in the balance of the local budget under the decision jurisdiction of the Council of People's and other loans of local budgets for investment;

b) Group B project and project focus group C of their own management, except for regulatory projects at point 3 This Article. The local Group C focus project criterion was decided by the Provincial People's Council to conform to the goal, development orientation, financial capacity and specific characteristics of the locality.

6. People ' s Committee of the High-level Committee decides to invest in the management of its management, except for regulatory projects at 1, 2, 3, 4 and 5 This.

What? 18. Conditions of decision-making investing program investment, project

1. In accordance with the strategy, planning and economic development plan-the society has been granted the authority to approve.

2. No overlap with the programs, the project has a decision to host investment or have made a decision to invest.

3. In line with the ability to balance capital investment and the ability to mobilize other capital resources for programs, the project uses multiple capital sources.

4. In line with the ability to borrow, pay off the public debt, government debt and local government debt.

5. Secure the economic efficiency-social, defence, security and sustainable development.

6. Preference to investment in the form of public partnerships for projects that are able to recover capital.

What? 19. The procedure, the procedure decided to advocated the investment of national target program, the national importance project.

1. The Agency is assigned to program investment, the project is responsible:

a) The signpost of the Chairman of the Report proposes an investment in the investment of the national target program, the Feasibility Study Report for the National Critical Project;

b) The unit of the unit has the appraisal function or establishment of the Council for the appraisal of the Investing Proposal Report, the Feasibility Study Report;

c) Complete Report of Investment Proposing Investment, the Feasibility Study for the Prime Minister.

2. The Prime Minister of the Government established the Council of State Appraisal Council appointed by the Minister of Planning and Investment as Chairman for the Appraisal Report of the Investment of the National Targeting Program, the National Feasibility Project Feasibility Report.

3. The Government of the National Assembly is considering, deciding on the investment of the national target program, the national importance project.

4. The agency of the National Assembly of Congress is investigating the national target program, the national importance project led by the Government.

5. Congress review, through a resolution on the investment of investing in the national target program, the national importance project. The National Assembly's resolution specifies the goal, scale, investment capital, major technology, venue, time, implementation, mechanism, and solution, implementation policy.

What? 20. The profile decides to host the national target program investment program, the national importance project.

1. The Government ' s Paper.

2. The report proposes an investment on the national target program, the Feasibility Study Report for the national importance project.

3. The appraisal report by the Council of State Appraisal.

4. Other documents are relevant.

What? 21. The procedure and the content of the presiding judge invest the national target program, the national importance project.

1. The procedure is as follows:

a) At least 60 days before the opening day of the National Assembly, the Government sent a decision to take the investment of the national target program, the national key project to the presiding officer of the National Assembly;

b) The presiding officer ' s authority has the right to ask the Government and the agency, the organization, the individual to report on the matters of the national target program, the national importance project; the actual survey organization on matters of the subject matter. national target program, national important project;

c) Agency, organization, individuals are required to be responsible for providing sufficient information, documentation for the investigation.

2. The appellate contents include:

a) The criteria for determining the national target program, the national importance project;

b) The need for program investment, project;

c) The compliance of the laws of law;

d) In accordance with the strategic, planning and planning of economic-social development, development of the industry;

The basic parameters of the program, the project, including the goal, scale, investment form, scope, site, land area need to use, time, progress made, the main technology choice method, environmental protection solutions, capital resources, capacity, capabilities, etc. recovering capital and paying off the loan debt;

e) Secure the economic efficiency-social, defence, security and sustainable development; and the future.

g) Assessment of the right to the planning of land use, resources, migration methods, reorientation, settlement of the national important project of investment in the country;

) Assessment of the risk level in the investment country for the national important project of foreign investment abroad.

What? 22. The procedure, the procedure decided to advocated the investment program investment of the Government.

1. The program owner is responsible:

a) The reporting of the report proposes to the investment of the investment;

b) The unit of the unit has the appraisal function or establishment of the Council for the appraisal of the Investing Proposal Report;

c) Complete Report of the Head of Government's Head of Government.

2. The Prime Minister of the Government established the interdisciplinary Council or to deliver the Planning and Investment Council, in coordination with the relevant agencies that the Report proposes to invest in investment. The case of the formation of the interdisciplinary Council, the Ministry of Planning and Investment, in coordination with the Ministry of Finance and agencies with relevant capital appraisal and the ability to balance capital.

3. The complete program owner Report proposes an investment in accordance with the specified appraisal of Article 2 of the Government.

4. The government considers, deciding to focus on program investments, including goals, scope, scale, investment capital, time, progress, mechanisms and solutions, implementation policies.

What? 23. The procedure, the procedure decided to lead the A Group project investment

1. The head of the ministry, the central body, the central body of the Vietnam Patrianship Front and of the political-social organization, the agency, the other responsible organization:

a) The subordinate delivery of the organization for the Feasibility Study Report;

b) The unit of the unit has the appraisal function or establishment of the Council for the appraisal of the Feasibility Study Report, the capital and the ability to balance the capital;

c) The specified unit direction at this point a complete report of the Feasibility Study for the Prime Minister.

2. The chairman of the Provincial People ' s Committee is responsible:

a) the specialized body of the organ or the People's Committee of the district organizing a feasibility study report;

b) Set up the appraisal Council chaired by a Provincial People's Committee as President, Department of Planning and Investment that is Permanent Council of Appraisal and Departments, Committees, related industry members to appraisal of the Feasibility Report, capital and capital. the ability to balance capital;

c) The regulatory agency only at this a point is complete the Prefeasibility Research Report in accordance with the specified appraisal appraisal at this b point that reports the Provincial People's Committee;

d) The People's Assembly of the People's Provincial Committee for the opinion before the People's Committee of the Government of the Government of the Government.

3. The Prime Minister decides to set up the interdisciplinary appraisal council or hand over an agency that is presiding over the Feasibility Study Report on the proposed basis of the Ministry of Planning and Investment.

4. The Ministry of Planning and Investment, in collaboration with the Ministry of Finance appraisal of capital funds and the ability to balance capital for use projects:

a) Central budget capital, national public capital, government bond capital, ODA capital and preferable borrower of foreign donors;

b) The capital from the source left to the investment but has not yet entered the balance of the state budget of the ministry, the central body;

c) Capital from the source of revenue left to the investment but has not yet entered the balance of the state budget of the agency, the other organization under the Government ' s provisions.

The appraisal opinion is given by the Ministry of Planning and Investment to the interdisciplinary appraisal Council or the regulatory authority specified in paragraph 3 This.

5. The interdisciplinary appraisal council or the presiding body of the appraisal regulations at paragraph 3 This sends the opinion of the appraisal to the ministry, the industry and the locality to complete the Report for the Feasibility Study of the Prime Minister.

6. The Prime Minister decides to chair investments, including goals, scale, total investment, capital structure, location, time, progress.

What? 24. The procedure, the procedure that decides to host the program investment, the project uses ODA capital and the preferable capital of foreign donors.

1. The economic development strategic base-social and economic development plan-the 5-year society of the country, the Ministry of Planning and Investment, in coordination with the Ministry of Finance, relevant agencies and sponsor building cooperation orientation and field of priority. the use of ODA capital and the preferable borrower of foreign donors.

2. On the basis of cooperation orientation and priority areas using ODA capital and preferable loans of foreign donors, the need for mobiles, the financing of the sponsor ' s capital, the governing body that sends the Department of Planning and Investment offers a proposed funding proposal. Program, project.

3. The orientation base is in partnership with foreign sponsors and the priority sector on the use of ODA capital and preferable borrower of foreign donors, the Ministry of Planning and Investment, in coordination with the Ministry of Finance, relevant agencies and the sponsor of choice. the program proposals, the appropriate project, and the announcement to the owner of the Report for the Feasibility Research Report or the Report of the Investing Proposal.

4. For the national target program, the national importance project, the sequence, the procedure of decision-making of investing in accordance with regulation at the terms 19, 20 and 21 of this Law.

5. For the authorship program to decide on the investment of the Government's investment, the procedure, the procedure of decision-making of the investment in accordance with regulation at Article 22 of this Law.

6. For the Group A project, the procedure, the procedure of deciding on the topic of implementation by regulation at Article 23 of this Law.

7. For the program, the other project under the jurisdiction decides to highlight the investment of the Prime Minister stipulated at the point and point 3 Article 17 of this Law:

a) The governing body sent the Ministry of Planning and Investment Report the feasibility of the feasibility study or the Report of the Investing Proposal;

b) The Ministry of Planning and Investment chaired the appraisal of the Feasibility Research Report or the Report proposing to the investment of investment, capital and ability to balance the Prime Minister's capital;

c) The Prime Minister considers, the decision to make an investment.

8. For the program, the non-jurisdiction project determines the investment of the agency, the organization, the individual stipulated at the 1, 2 and 3 Article 17 of this Law:

a) The governing body took the opinion of the Ministry of Planning and Investment, the Ministry of Finance and the relevant agency on the initiative of investment;

b) The organization of planning and investment organization appraisal of capital and the ability to balance capital;

c) The opinion base of the agencies, the opinion appraisal of capital and the ability to balance the capital of the Ministry of Planning and Investment, the governing body that organizes the appraisal and decision-making of investment.

What? 25. The procedure, the procedure of deciding on the investment of Group B project investment, group C due to the central body of the National Front of Vietnam and of the political-social organization, agency, other organization management

1. The head of the central body of the Vietnam Fatherland Front and of the political-social organization, the agency, the other responsible organization:

a) The direct delivery of the organization of the Report of the Investing Proposal of Investment;

b) The unit of the unit has the appraisal function or establishment of the Council for the appraisal of the Investing Proposal Report;

c) The specified unit direction at this point of paragraph complete the Report proposes an investment of the investment to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment, in coordination with the relevant agencies of the Organization for the Appraisal of Investment proposals, appraisal of capital and the ability to balance capital.

3. The central authority of the National Front of the Fatherland Front and of the political-social organization; other agencies, the other organizations complete the Report to propose an initiative in accordance with the specified appraisal of Article 2 of the Prime Minister.

4. The Prime Minister considers, deciding on an investment, including the goal, scale, total investment, capital structure, location, time, progress.

What? 26. The procedure, the procedure of deciding to invest in Group B project investment, group C uses central budget capital, national public capital, government bond capital, capital from revenue left to investment but has not yet entered the balance of state budgets of the ministry, the agency said. the center

1. The head of the ministry, the central body responsible:

a) The direct delivery of the organization of the Report of the Investing Proposal of Investment;

b) The unit of the unit has the appraisal function or establishment of the Council for the appraisal of the Investing Proposal Report;

c) The specified unit direction at this point of paragraph complete the Report proposes an investment of the investment to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment, in coordination with the Ministry of Finance appraisal of capital and capital balance.

3. The decision base stipulated at paragraph 1 and paragraph 2 This, the head of the ministry, the central body that determines the investment, including the goal, the scale, the investment level, the capital structure, the location, time, progress, progress.

What? 27. The procedure, the procedure of deciding to advocated Group B project investment, group C using central budget capital, national public capital, government bond capital, local government bond capital.

1. Chairman of the People ' s Commission with responsibility:

a) The specialized agency or the lower-level People's Committee directly publishes an investment proposal report;

b) Established the Council for the Appraisal Of Investment proposals, capital and balance of capital;

c) Command the regulatory agency at this point of paragraph complete the Report proposes an investment.

2. For Group B project and group weight project C:

a) For a Group B project and a C-group focus project administered by the Provincial People's Committee, the Provincial People's Committee of the Provincial Committee of Planning and Investment Appraisal of capital and the ability to balance capital before the Provincial People's Assembly gives the opinion of the proposed Report. All right, let's go.

After the approval of the Provincial People's Assembly, the Provincial People's Committee sent the Ministry of Planning and Investment Reporting the investment of investment;

b) For a Group B project and a C-point project project C led by the District People's Committee, the management department, the People's Committee on the People's Assembly, and the grant of the Report on the Report of the Investment.

Following the approval of the People's Council, the Committee of the People's Committee of the District, the department of the People's Committee of the Provincial People's Committee of the Provincial People's Committee of the Provincial People's Committee of the Provincial Committee of the People's Committee The People's Committee of the Provincial People's Department of Planning and Investment Appraisal of capital and ability to balance capital before sending the Ministry of Planning and Investment Report proposes investment;

c) The Ministry of Planning and Investment, in coordination with the Ministry of Finance appraisal of capital and the ability to balance capital;

d) The Provincial People 's Committee of the Provincial People' s Provincial Committee to complete the Report Proposing Initiative investment in accordance with the appraisal of the Ministry of Planning and Investment;

The People's Committee of the People's Committee on the same level decided to highlight the investment of the project, including the goal, scale, total investment, capital structure, location, time, progress.

3. For the non-regulation C group project at paragraph 2 This:

a) For the project administered by the Provincial People's Committee, the People's Committee of the Provincial Committee of Planning and Investment Appraisal of capital and the ability to balance capital before sending the Ministry of Planning and Investment Reporting the investment of investment;

b) For the project by the District People's Committee, the administration of the district, the chairman of the District People's Committee, the department of the Provincial People's Committee of the Provincial People's Committee of the Provincial Committee of the Provincial Committee of the Provincial Committee of the Provincial Committee of the Provincial Committee of the Provincial Committee of the Provincial Committee The People's Committee of the Provincial People's Department of Planning and Investment Appraisal of capital and ability to balance capital before sending the Ministry of Planning and Investment Report proposes investment;

c) The Ministry of Planning and Investment, in coordination with the Ministry of Finance appraisal of capital and the ability to balance capital;

d) The Provincial People 's Committee of the Provincial People' s Provincial Committee to complete the Report Proposing Initiative investment in accordance with the appraisal of the Ministry of Planning and Investment;

The People ' s Committee of the High-level Committee has decided to invest in investment, including objectives, scale, total investment, capital structure, location, time, progress.

What? 28. The procedure, the procedure to decide on the investment of the investment program using the entire local budget balance capital, the local government bond capital, capital from the source of revenue left for investment but has not yet brought in the balance of local budgets and investments. borrower of local budget for investment

1. The program owner is responsible:

a) The reporting of the report proposes to the investment of the investment;

b) The unit of the unit has the appraisal function or establishment of the Council for the appraisal of the Investing Proposal Report;

c) Complete Report of the Head of the Committee on the Head of the Committee on the same level.

2. The Chairperson of the People ' s Commission is responsible:

a) For the program due to the management of the provincial administration, the Chairman of the Provincial People ' s Committee established the Regulatory Council under the regulation at the point b 2 Article 23 of the Law or the delivery of the Department of Planning and Investment, in coordination with the relevant authorities. The proposal of investing in investment, capital, and ability to balance capital;

b) For the program due to the district level, the management level, the Chairperson of the District People's Committee, the township establishment to the Council for the Appraisal of Investment proposals, capital and balance of capital.

3. The program theme is to complete the Report on the Investment of the Committee on the Investment of the People's Committee on the same level.

4. The People 's Committee of the People' s Assembly on the same level decided to make an investment.

5. The decision base stipulated at paragraph 2 of this, the Council of People's Committee of the High-level Decision to invest, including objectives, scale, investment capital, location, time, progress, progress.

What? 29. The procedure, the procedure that decides to highlight Group B project investment, project the focus group C uses the local budget balance capital, local government bond capital, capital from the source left to the investment but has not yet brought in the balance of local and local budgets. other loans of local budgets for investment in the country

1. The assigned body is reported to propose a responsible investment holder:

a) The reporting of the report proposes to the investment of the investment;

b) The unit of command of the appraisal or establishment of the Council for the appraisal of the Report, the recommendation of the investment of investment;

c) Complete Report of the Head of the Committee on the Head of the Committee on the same level.

2. For the project to use the provincial capital budget balance, the local government bond capital, which is from the source of revenue left to the investment but has not yet brought in the balance of the provincial budget of the provincial budget and other loans of local budgets. investment:

a) Chairman of the Provincial Committee of the Provincial People's Committee of the Appointed Appraisal Council at the b point 2 Article 23 of the Law, or the delivery of the Planning and Investment Department, in coordination with relevant agencies, the report of the proposed investment, capital, And the ability to balance.

For the project due to the district level, the management township, the District People's Committee, the Social Council's social level, the same grant before sending the Provincial People's Committee;

b) The specified appraisal of regulations at this point, the assigned agency is reported to propose a complete investment initiative report to the Provincial People's Provincial Committee of the Provincial People's Provincial Committee, which decides to take on investment, including objectives, regulations. tissue, total investment, location, time of execution.

3. For the project to use a district-level local budget balance, the township level, capital from the source of revenue left to the investment but has not yet brought in the balance of the district-level local budget, the township, the district-level People's Committee, the civil society level, the same decision. To invest in investment, including goals, scale, total investment, location, time of execution.

What? 30. The procedure, the procedure decided to advocated the investment of the C group project using the balance of the provincial local budget, the local government bond capital, capital from the source left to the investment but has not yet put in the balance of provincial and provincial budgets. a different loan of the local budget for investment

1. The assigned body is reported to propose a responsible investment holder:

a) The reporting of the report proposes to the investment of the investment;

b) The unit of the unit has the appraisal function or establishment of the Council for the appraisal of the Investing Proposal Report;

c) Complete Report of the Head of the Provincial Committee of the Provincial People's Committee.

2. The Department of Planning and Investment, in collaboration with the relevant agencies reporting the proposed investment of investment, capital, and balance of capital.

3. Based on the specified appraisal in paragraph 2 of this, the assigned body is reported to be proposed by the report of a complete investment in the Department of the Provincial People's Committee.

4. The Provincial People ' s Committee decides to highlight investments, including goals, scale, total investment, location, time, progress, progress.

What? 31. The procedure, the procedure that decides to invest the Group C project investment use of a district-level local budget balance, the township level and capital from the source of revenue left to the investment but has not yet entered the district-level local budget, the township level.

1. For the project to use the local budget balance capital budget and capital from the source of revenue left for investment but has not yet put in the balance of a district-level local budget:

a) Chairperson of the People's Committee of the Arrondissement of the Council of the Specialized Organ or the People's Committee of the People's Committee of the People's Committee of the People's Committee of the Committee to propose an investment of investment and establishment of the Council for the appraisal of the Report of the Investing Proposal, Capital of Capital, and the ability to balance capital;

b) The Agency was assigned to the report of the completion of the completion of the completion of the Investment Committee for the Committee of the District People's Committee;

c) The District People's Committee decided to take an investment, including the goal, scale, total investment, capital structure, location, time, progress.

2. For the project to use the balance of the local local budget and capital from the source of revenue left for investment but has not yet put in the balance of the local local budget:

a) Chairman of the People's Committee on the Social People's Committee of the Executive Committee of the Investing Proposal and the establishment of the Council for the Appraisal Of Investment proposals, capital and balance of capital;

b) The Social People's Committee decides to highlight investments, including objectives, scale, total investment, capital structure, location, time, progress, progress.

What? 32. Principles, sequencing, procedure of decision-making investing project investment use of the state ' s development credit capital investment.

1. The decision to invest the investment project using the state's development credit capital must conform to the subject, the sector, which is used by the credit capital of the state by government regulation.

2. The procedure, the decision to make an investment decision:

a) For the national importance project, the implementation is in accordance with the provisions of the 19, 20 and 21 rules of this Law;

b) For the Group A project, executed by regulation at Article 23 of this Law;

c) For the Group B project, the group C due to the ministry, the governing central body, carried out the regulation at Article 26 of this Law;

d) For the Group B project, the Group C due to the central body of the Vietnam Fatherland Front and of the political-social organization, the agency, the other organization of management, the implementation under regulation at Article 25 of the Law;

For the B group project, the group C is administered by the People's Committee of the People's Provincial Committee, in accordance with regulation at Article 29 and Article 30 of the Law.

What? 33. Principles, sequence, procedures, content decision-making investing in an emergency project and a project in the form of a public partnership.

1. The decision to invest in investing in an emergency project is aimed at overcoming disaster incidents and other adverse cases, ensuring the effective use of capital investment resources, avoiding loss, waste.

2. The decision to chair an investment in the project in the form of public partnership guarantees the following principles:

a) comply with the conditions specified in Article 18 of this Law;

b) Secure management of capital investment;

c) Create a favorable condition for investors, the business-management project business, to use the portion of its contribution to the project in accordance with the objective of investment and commitment to the State.

3. The procedure, procedure, the content decision to advocated an emergency and investment project investment in the form of a public partnership:

a) For the national importance project implemented by regulation at the terms 19, 20 and 21 of this Law;

b) For the non-regulation project at this point a implementation follows the Government's regulation.

What? 34. Content Report proposes the investment of public investment program

The principal content of the Report proposes the investment of the public investment program including:

1. The necessity of the program to carry out strategic objectives, planning, economic development plans-the society; and the ...

2. Target, scope and scale;

3. Expected the total capital and resource structure implementation of the program, including a project portfolio or an investment object, the ability to balance the source of public capital, to mobilize other capital and resources;

4. Expected progress to implement the program in accordance with the actual conditions and the ability to mobilize resources in the order of prioritir/rational investment guarantee, effective;

5. Define the relevant costs in the execution process and the operating costs after the program is finished;

6. Analysis, preliminary evaluation of the effects, environmental impact, social impact of the program, calculate the economic-economic performance of the program;

7. Divide the component projects of the program under the rule of law;

8. organizational solutions.

What? 35. Content Report Content Research Report Content and Group A project

1. The Content Report Content Research Report Content and the A-group project have the construction of the construction implementation under the rule of construction legislation.

2. The principal content of the National Significant Project Feasibility Study report and project group A does not have a construction component that includes:

a) The need for investment, the conditions for implementation of investment, assessment of the suitcases of the planning, investment plan;

b) Forecast to demand, scope of service, and expected investment, scale and form of investment;

c) The region, the investment location, envisage the need for land use area and the need for other resources;

d) Analysis, preliminary selection of technology, engineering and conditions that provide supplies, equipment, raw materials, energy, services, infrastructure; and more.

Analysis, preliminary selection of investment and scale methods of investment categories;

e) The overall compensation for compensation, free liberation, resettlement, environmental protection measures;

g) Analysis, preliminary assessment of the environmental impact, society of the project;

h) A preliminary determination of the total investment, capital of capital raising, capital structure;

i) Preliminary determination of operating costs, maintenance, maintenance, major repairs during the project extraction phase;

l) Expected to progress implementation of the project, divide the investment phase;

l) Identitiate the economic-economic investment effectiveness of the project;

m) The division of component projects or subprojects (if any);

n) The organizational solutions are implemented.

What? 36. Content Report proposes to invest Group B project investment, Group C Group

The principal content of the Report proposes the investment of Group B project investment, group C including:

1. The need for investment, the conditions for implementation of investment, assessment of the suitcases of the planning, investment plan; and

2. Target, scale, location and investment range;

3. Expected the total investment and investment capital structure, the ability to balance capital investment capital and the mobiling of capital resources, other resources to implement the project;

4. Expected progress to implement investment in line with practical conditions and the ability to mobilize resources in the order of prioritir/rational investment guarantee, effective;

5. Determine the preliminary cost of the costs involved in the execution process and the cost of operating the project after completion;

6. Analysis, preliminary assessment of the environmental impact, society; determination of an investment performance of economic-social;

7. Division of component projects (if any);

8. organizational solutions.

What? 37. Profile, content and time of appraisal, decision to chair program investment, project and project.

The profile, content and time of appraisal, decision-making, capital appraisal and the ability to balance the program capital, project implementation according to the Government's regulations.

What? 38. Division of capital appraisal and ability to balance program capital, project

1. The Ministry of Planning and Investment presided over capital appraisal and the ability to balance capital to:

a) National target program;

b) The Government ' s target program is determined to invest;

c) The national important project;

d) The project to use central budgetary capital, national public capital, government bond capital;

The project uses ODA capital and preferable loans of foreign donors;

e) The ministry 's project, the central body, the central body of the Vietnam Fatherland Front and of the political-social organization, the agency, the other organization using the state' s development credit capital, which from the source of revenue left for investment but has not yet put in weight. the state budget;

g) The project uses other capital sources according to the Government ' s regulations.

2. Before sending the Department of Planning and Investment in accordance with this Article 1 Article, the head of the ministry, the central body, the central body of the Vietnam Patristive Front and of the political-social organization, the agency, the other organization delivered the specialized body of expertise. The investment appraisal capital appraisal and the ability to balance the program capital, the project is entrusted with management.

3. Chairman of the Provincial Committee of the Provincial People's Department of Planning and Investment, in coordination with the relevant agencies that govern the capital and the ability to balance the program capital, the local project of management:

a) Program, project utilise central budget capital, national public capital, Government bond capital, ODA capital and preferable borrower of foreign donors before the Provincial People ' s Commission sent the Department of Planning and Investment;

b) The program, the project to use the provincial-level local budget balance, the local government bond capital, capital from the revenue source left to the investment but has not yet entered the balance of the provincial-level local budget, other loans of the local budget. to invest;

c) The project uses a state's development credit capital.

4. Chairman of the District People ' s Committee, the organization of the organization that governs the capital and ability to balance the program capital, the project of its management:

a) Program, the project to use the local budget balance, the township, capital from the source left to the investment but has not yet entered the balance of the local budget, other loans of the local budget for investment;

b) Before sending the Provincial People ' s Committee the organization to organize the capital appraisal and the ability to balance the capital use of central budget capital, national public capital, Government bond capital, ODA capital and preferable capital of foreign donors, balance capital, balance, etc. for the provincial local budget, the local government bonds;

c) The project uses a state's development credit capital.

Item 2

SET, APPRAISAL, INVESTMENT DECISION

PROGRAM, PUBLIC INVESTMENT PROJECT

What? 39. Authority to determine program investment, project

1. The Prime Minister decides to invest:

a) The national target program, the national important project that has been decided by the National Assembly;

b) The target program has been decided by the Government;

c) The program, the project to use ODA capital and preferable borrowing of foreign donors in the areas of security, defense, religion and other programs, projects other than the Government's provisions.

2. The head of the ministry, the central body, the central body of the Vietnam Patrianship Front and of the political-social organization, the agency, the other organization:

a) Decision to invest in Group A project, group B, group C using state budget capital, national public capital, government bond capital, state development credit capital, capital from revenues left for investment but has not yet entered the balance of state budget. the water;

b) The decision to invest the Group A project, group B, group C uses ODA capital and preferable loans of foreign donors under management jurisdiction, except for regulatory projects at the point of one Article;

c) Are allocated or authorized to invest in Group B projects, the C group rules at the point a and point this b to the subordinate subordinate.

3. Chairman of the Provincial People ' s Commission:

a) The decision to invest the program using the entire provincial budget balance capital, which credit the state's development investment, the local government bond, which is from the source left to the investment but has not yet entered the balance of the local budget. the provincial level, other loans of local budgets for investment;

b) Decision to invest in Group A project, group B, group C due to the management of the province, minus the specified project at the point of paragraph 1 This Article;

c) Are allocated or authorized to invest in Group B projects, the C group rules at this point b for the subordinate agency.

4. Chairman of the District People ' s Committee, township level:

a) The decision to invest the program using the entire district-level local budget balance, the commune, capital from the source left to the investment but has not yet entered into the balance of the district-level local budget, the department of the jurisdiction of the District People's Council, granted. It ' s decided.

b) The decision to invest the Group B project, the group C uses the entire district-level local budget balance, the township level, capital from the source of revenue left to the investment but has not yet put in the balance of the local municipal budget, the commune level;

c) The chairperson of the District People's Committee is devolve or authorized to invest in the provisions of regulation at this b-point for the subordinate subordinate.

What? 40. Base, appraisal, program decision, project

1. Strategic and Economic Development Plan.

2. Economic development and development planning.

3. The need for the program, the project.

4. The goal of the program, the project.

5. The investment owner has been granted the authority to decide.

6. The ability to mobilize and balance public capital and other capital resources to implement the program, the project.

What? 41. Predecision, appraisal, national target program decision

1. An investment base has been decided by the National Assembly, the host of the report for the feasibility of the Prime Minister's feasibility study.

2. The Prime Minister established the Council of State Appraisal Council appointed by the Minister of Planning and Investment as Chairman of the Council for the appraisal of the program.

3. The state appraisal Council departs the specified content at 1 Article 47 and paragraph 2 Article 48 of this Law.

4. The decision base of the state appraisal Council, the complete program of the Feasibility Study Report and the draft Decision to the Council of State appraisal review, the Prime Minister.

5. The Prime Minister considers, decided.

What? 42. The self-appointed, appraisal, decision to invest public investment program decided by the Government to invest investment

1. The investment base has been decided by the Government, the program hosts program and organizational organization by the law of the Prime Minister's law.

2. The Ministry of Planning and Investment Appraisal of the specified content at paragraph 1 Article 47 and paragraph 2 Article 48 of this Law.

3. The program to complete the program and draft the decision to invest the Program to the Ministry of Planning and Investment review, the Prime Minister.

4. The Prime Minister considers, decided.

What? 43. The self-appointed, appraisal, decision to invest the public investment program determined by the People ' s Council.

1. The investment base has been decided by the People's Council, the program's host of program and organization, as defined by the laws of the People's Committee on the same level.

2. The People ' s Committee organizes the appraisal of the specified content at 1 Article 47 and paragraph 2 Article 48 of this Law.

3. The program to complete the program and draft the decision to head the Chair of the People's Committee review, the decision.

What? 44. Predecision, appraisal, project decision

1. For the national important project:

a) The investment base has been decided by the National Assembly, the chairman of the Feasibility Study Report feasibility report, the Prime Minister;

b) The Ministry of Planning and Investment reported the Prime Minister to establish the state appraisal Council for the appraisal of the project;

c) The state appraisal council defines the specified content at paragraph 2 and paragraph 3 Article 47, paragraph 2 Article 48 of the Law;

d) appraisal of the appraisal, investment owner and the complete governing body of the project ' s agency report through, sending the Council of State Appraisal;

The Council of State appraisers of the Prime Minister review, decides to invest the project.

2. For the project that does not have a construction structure:

a) The investment base of investment has been granted a decision-making authority, the head of the establishment of the Feasibility Study feasibility report with the authority to determine the investment;

b) The head of the ministry, the central body, the central body of the Vietnam Fatherland Front and of the political-social organization, the agency, the other organization, the Chairman of the People ' s Committee established the Board of Directors or the specialized organ delivery of management of the head. the organization of the project appraisal;

c) The appraisal board or the governing body for investment appraisal of the specified content at paragraph 2 Article 47 and paragraph 2 Article 48 of this Law;

d) The grant authority decides to invest after the complete owner of the Project Feasibility Report in accordance with the specified appraisal of the specified appraisal at this point c.

3. The self-appointed, appraisal, decision-making project that has the construction of the construction implementation under the provisions of the laws of construction and other legislation is relevant, except for the national key project.

4. Presentation, content, appraisal, decision to invest the project in accordance with the form of a government-based public policy, except for the national key project.

What? 45. The self-appointed, appraisal, decision to invest the program, the project using ODA capital and the preferable capital of foreign donors.

1. After an investment decision, the governing body issued a decision on the owner of the investment, the investment protocol in coordination with the sponsor of the Program Feasibility Report, the authorship project that decides to invest the program, the project.

2. For the program, the project is under the decision authority of the Prime Minister in accordance with the stipulation at the point of paragraph 1 Article 39 of this Law:

a) The self-appointed, appraisal, decision-making decision of the national target program, the national importance project implementation in accordance with Article 41 and paragraph 1 Article 44 of this Law;

b) The Ministry of Planning and Investment Planning the feasibility of the feasibility study of other projects, the Prime Minister considers, decided.

3. The head of the governing body is responsible for organizing the appraisal and the decision to invest in the program, the project of its decision-making authority.

4. For the program, the project uses ODA capital and preferable borrowing of foreign donors applying the domestic financial mechanism in the form of a loan, the establishment, program appraisal, the project under the provisions of this Law and must be questioned. the financial methodology of the program, the project and the financial competability of the investment holder by the rule of law on the management of public debt and other regulation of the relevant legislation.

5. The agency, the presiding officer unit must take the opinion of the relevant authorities, review the sequence, procedures, progress and opinions of the sponsor.

What? 46. Program adjustment, project

1. The authority with the authority to decide the program by regulation at Article 39 of this Law performs the adjustment of the program in the following cases:

a) When regulating the goal and changing the conditions made in the strategy, planning, economic development plan-the society;

b) When you adjust or stop the investment holder of the jurisdiction;

c) Due to the adverse causes of the change in terms of goals, investment content, cost, and duration of the program.

2. The authority with the authority to decide the project by regulation at Article 39 of this Law performs the adjustment of the project in the following cases:

a) Due to the adverse causes of the change in terms of goals, investment content, expenses and project execution time;

b) Due to the effect of the disaster incident, fire and other inviable factors at the end of the project's coverage;

c) Emergence Of Higher Efficiency of Financial, Economic-and-Social-driven Effectiveness Factors due to the regulation of the project to provide and be questioned by the authorities;

d) When the planning adjustment directly affects the project;

When the price index for the project time is greater than the price index is used to calculate the sliding room in the total project investment granted by the competent authority.

3. The authority with the authority is only to regulate the program, the project after the implementation of the test, judging by the provisions of this Law.

4. Presentation, content set, appraisal of the program, project execution by Government regulation.

What? 47. Content Report Content Report Content Project, Project

1. The study of the feasibility of the public investment program includes the following:

a) the need for investment;

b) The field assessment of the sector, the field of the target and scope of the program; the pressing problems that need to be addressed in the program;

c) General objectives, specific objectives, results, key indicators in each phase;

d) The scope and scale of the program;

The project component projects are required to achieve the objectives of the program, the order of priority, and the time of the implementation of the component projects;

e) Expected total capital levels to implement the program, allocation of capital by goal, component project and implementation time, capital and capital raising of capital;

g) Expected time and progress to implement the program;

h) The solutions to implement the program; mechanisms, policy applicable to the program; the ability to cage, coordinate with other programs;

i) Request for international cooperation (if any);

) The organization performs the program;

l) Evaluation of the economic efficiency-general society of the program.

2. The project feasibility study does not have a construction component that includes the following principal content:

a) the need for investment;

b) In accordance with economic-social development planning, industry development planning;

c) Analysis, target identification, tasks, outputs output of the project; analysis, rational scale selection; determine investment analysis; choice of investment form;

d) Analysis of natural conditions, economic conditions-engineering, investment location choice;

Analysis, choice of technological, engineering, equipment;

e) The organizational method of management, exploitation, project use;

g) environmental impact assessment and environmental protection solution;

h) The overall sentence of compensation, free liberation, resettlement;

i) envisage the progress of the project; the main time milestones implement the investment;

l) Define the total investment level, capital source structure, capital of capital raising;

l) Define the cost of operating, maintenance, maintenance, large repair during the project extraction phase;

m) The project management organization, which includes the determination of the investment master, the analysis of the formal selection of organizational implementation management, the relationship and responsibility of the hosts involved in the project implementation process, the project management apparatus for the project;

n) The analysis of investment efficiency, including efficiency and economic impact-social, security, defense, investment capital recovery (if available).

3. Content Report Feasibility Study has the construction of the construction implementation under the provisions of the laws of construction and other regulation of the relevant law.

What? 48. Profile, content, program appraisal time, project.

1. Program appraisal, project including:

a) Program appraisal, project;

b) Program feasibility study, project;

c) Other documents are relevant.

2. Content, program appraisal, project under Government regulation.

Chapter III

SET, APPRAISAL, APPROVAL AND

PUBLIC INVESTMENT PLANNING

Item 1

GENERAL REGULATION

What? 49. Division of Public Investment Planning

1. Classification of public investment plans under the planning deadline, including:

a) A limited public investment plan established in the five-year period, in accordance with the economic development plan-the 05-year society;

b) A yearly public investment plan to implement a medium-term public investment plan, in line with the goal of a yearly economic development plan and the annual capital investment balance.

2. Classification of public investment plans under management, including:

a) National investment plan;

b) The public investment plan of ministries, central agencies;

c) A public investment plan of local government levels.

3. Classification of public investment planning by investment capital, including:

a) The central budget capital investment plan, which includes industry-based investments, the sector of the ministry, the central body, the central body of the Vietnam Fatherland Front and of the political-social organization, the agency, the other organization and the public investment programs use. central budget capital for ministries, industry and local;

b) The investment plan is to balance the local budget;

c) A capital investment plan from the revenue source left for investment but has not yet entered the state budget balance;

d) National equity investment plan, government bond capital;

The plan to invest in the development of the state of the state;

e) Plans to invest in local government bonds, other loans of local budgets for investment;

g) Plans to invest the ODA capital and the preferable borrower of foreign donors.

What? 50. Limited and annual public investment planning.

1. High-term public investment planning base includes:

a) The situation and the implementation of the implementation of the Economic Development Plan-Society 05 years and early-stage public investment plan;

b) Economic development strategy; social development plans-the 05-year economy of the nation, industry, sector, local; national debt strategy; the priority objective of investing in the nation's 05-year plan, sector, sector, local;

c) The development of the industry; the relevant planning has been approved;

d) Demand and forecast for the ability to mobilize investment sources to build economic-social infrastructure, the ability to balance state budgets, national public capital, government bonds, capital from revenue left to investment but not yet put into balance. the state budget;

) The impact of the impact of the world and in the country to the development and ability to mobilize investment sources;

e) Mechanic and policy attract the investment capital of economic components to build economic-economic infrastructure.

2. The annual public investment planning base includes:

a) The situation and the results of the implementation of the economic-economic development plan-the society of the nation, the sector, the field, the local; the results of the implementation of the investment plan last year;

b) The economic and economic development plan of the year;

c) High-term public investment plan; the urgent tasks, new breakthroughs have not yet been in the medium-term public investment plan;

d) Demand and the ability to balance resources to invest in building economic infrastructure-society in the planned five.

What? 51. Principles of medium and annual public investment planning

1. In accordance with the goals of development at the economic development strategy-social development, the annual economic development plan-the five-year and annual social development of the nation, industry, sector, local, and approved planning.

2. In line with the ability to balance capital investment and attract investment sources of other economic components; ensuring macro-balance, priorititiate debt safety.

3. The allocation of public investment must comply with the principle, the criteria, the allocation of public capital investment in each phase has been granted jurisdiction approval.

4. Priority of capital for industries, fields, territories, and the development orientation of each period.

5. Public guarantee, transparency and justice.

6. Secure the centralized management, the unity of objectives, mechanisms, policies; the implementation of the hierarchy in investment management, facilitalization of the ministry, industry, and local pursuits to the rule of law aimed at improving investment efficiency.

7. The annual public investment plan must be consistent with the approved public investment plan.

What? 52. Content Investment Plan neutrality plan has jurisdiction approval

1. The deployment situation and the results of a previous stage investment plan.

2. The goal of economic development-social; target, investment orientation in the medium term.

3. The ability to mobilize and balance the capital resources; envisage the total investment to make goals, economic development duties-the social, sector, sector in the medium, including investment prepared capital, implementation of the project, reimbursate of previous, reimbursable, other loans of local budgets for investment.

4. Principles, criteria for allocation of capital investment plan.

5. Sort of priorititiate order, choice of project categories and specific layout levels for each project in the medium in line with the ability to balance capital investment and ability to mobilize other capital sources to carry out the objectives, tasks, and planning orientation. Five-year-old socio-economic development.

6. The solution performed and expected results to be reached.

What? 53. The content of a five-level public investment plan has the authority to approve

1. The execution of a public investment plan last year.

2. Head of public investment in five plans.

3. The ability to mobilize and balance the resources made in the year of planning.

4. Choose a project category and a specific level of layout for each project in accordance with the project portfolio of the medium-term investment plan and the ability to balance the annual planning capital.

5. Executive Solutions, implementation and results expected.

What? 54. Principles of medium and annual public investment plan for the program, project, and project.

1. To make goals, development orientation in strategy, economic development plans-society and planning have been approved. No capital layout for the program, the project is not part of the public investment sector.

2. comply with the principle of principle, the criteria and the allocation of capital that is granted competent authority.

3. Focus on capital investment capital to complete and accelerate program progress, national key project, program, major project of significance to the economic-social development of the country, of the levels, sectors.

4. In each sector, the field, the deployment of capital execution in the order of preference is as follows:

a) The project has been completed and the table has entered into use but has not yet positioned enough capital; the project is expected to be completed in the planning period; the project capital for the project uses ODA capital and the preferable capital of foreign donors; the state capital of the State to participate in the project. In the form of an industrial partnership;

b) The transition project implementation of the progress approved;

c) The new launch project meets the regulation requirement at paragraph 5 This.

5. The deployment of planning capital for the program, the new launch project must meet the following requirements:

a) The program, the project required, is eligible for the planned capital layout under the regulation at Article 55 and Article 56 of this Law;

b) After having already arranged the capital to pay the basic building debt by regulation at paragraph 2 Article 106 of this Law;

c) Make sure that the layout is inherently sufficient to complete the program, the project according to the investment progress has been approved.

6. The government regulates the reserve capital level in a limited public investment plan to handle the problems that arise during the deployment of the medium-term public investment plan.

What? 55. The program condition, the project is given a limited public investment plan.

1. Have been granted the authority to decide on the investment of investing.

2. Identilocate the capital and the ability to balance capital to carry out the program, the project.

3. comply with the regulation of the law in principle, the allocation of capital investment capital allocation.

What? 56. The program condition, the project is planned to invest its annual public investment plan

1. The program, the project must be in the portfolio of a limited public investment plan, except for the emergency project stipulated at paragraph 1 and paragraph 3 Article 33 of this Law.

2. The program, the project has been granted the authority to decide.

3. There is an international convention on ODA capital and preferable borrowing which is signed on the program, the project using ODA capital and the preferable borrower of foreign donors.

4. The new launch project is only to be deployed as a result of the completion of the investment procedures under the Government ' s provisions.

What? 57. Capital of investment and capital implementation of the project in medium and annual public investment planning.

1. The investment capital is deployed to:

a) Set, appraisal, decision-making, project investment;

b) Set, appraisal, project investment.

2. The project capital implementation is set up to release the facet, engineering design, construction of construction drawings, project planning or project categories of the project and organization competition for completed projects but not enough capital, project expected. complete, the project is underway, the new launch project.

3. The balance of capital preparation and capital implementation of the project by the Government.

What? 58. Instalage, planning a limited public investment plan

1. Before March 31, the fourth year of the previous phase-of-stage public investment plan, on the basis of objectives, strategic orientation and economic development plan-the 05-year society, the Prime Minister issued the regulation on the planning of public investment. The following phase, including the objective, orientation, and the deployment of the deployment plan to build a neutral public investment plan.

2. Before 15 May of the fourth year of the previous phase of public investment plan, the Ministry of Planning and Investment Guide ministries, industry and local in terms of objectives, requirements, content, time, advance planning for the following period.

3. The regulatory base of the Prime Minister, the guidance of the Ministry of Planning and Investment, ministries, central agencies, the central body of the Vietnam Patriarate Front and of the political-social organization, the agency, the other organization:

a) The management of the governing body on investment guidelines for a limited public investment plan;

b) The agency, the unit directly using the investment capital public investment plan, the following phase of the following phase of the mission are delivered, the agency report on the review prior to 15 September of the fourth quarter of the period. before and to send a specialist body to invest in the investment before October 15, the fourth of the fourth-period public investment plan.

c) The specialized body of management of organizational investment appraisal of the post-term period public investment plan after 15 November of the fourth quarter of the previous phase-of-stage public investment plan;

d) The specialized agency's management of the investment plan-limited investment planning investment has the authority to review, complete and submit the Ministry of Planning and Investment, the Ministry of Finance before December 31, the fourth quarter of the previous phase-of-stage public investment plan.

4. The regulatory base of the Prime Minister, the guidance of the Ministry of Planning and Investment, the Provincial People ' s Committee:

a) Prior to June 15, the fourth of the fourth year of the pre-stage public investment plan ahead of guidance to the agencies, the local unit in the position of a forward-stage public investment plan.

b) The agency, the unit using the capital investment organization, is planning a period of post-phase public investment plan within the scope of the tasks assigned and the source of its own, the management of the agency report above the review prior to 15 September of the fourth quarter of the year. The pre-stage public investment plan and then to the Department of Planning and Investment before 15 October of the fourth quarter of the pre-phase public investment plan;

c) The organization of the appraisal or delivery of Planning and Investment appraisal of the central public investment plan of the department, the department, the provincial sector prior to November 15, the fourth quarter of the previous phase-neutral public investment plan;

d) The planning of planning and Investment Investment Planning on the following phase of the following period, the Provincial People's Committee reviewed on 30 November of the fourth quarter of the previous phase-neutral public investment plan;

The Provincial People's Council gives the idea of a post-phase public investment plan, including details of a project category using public capital investment and a level of capital for each project;

e) Complete the following phase-term neutrality plan after sending the Ministry of Planning and Investment, the Ministry of Finance before December 31, the fourth quarter of the previous phase-neutral public investment plan.

5. The District People 's Committee, the social level, the appraisal, or the specialized agency that governs the organization of organizational investment, the appraisal of the post-stage public investment plan, the council of the people that grants the opinion and sending the People' s Committee. I mean, I mean, I mean, I mean, I mean, you know

6. Prior to January 31, the fifth year of the previous phase-of-phase public investment plan, the Ministry of Finance chaired, in coordination with the Ministry of Planning and Investment Reserve, the following state budget; the ability to mobilize national public capital, left capital. Government votes.

7. From 01 February to 30 April the fifth of the fifth year of the pre-stage public investment plan, the Ministry of Planning and Investment chaired the planning and allocation of capital plans:

a) Plan to invest a capital of state budget capital, national public capital, government bond capital, state development credit capital, ODA capital and preferable capital of foreign donors, capital from revenues left to investment but not yet. bringing in the balance of state budgets of ministries, the central body, the central body of the Vietnam Fatherland Front and of the political-social organization, the agency, the other organization;

b) Central investment capital investment plan, national public capital, Government bond capital, ODA capital and preferable borrower of foreign donors of the Provincial People's Committee.

8. After an opinion of the appraisal of the Ministry of Planning and Investment, the Provincial People ' s Committee:

a) Transport of the District People 's Committee, the township of corrects a plan to invest its superiors, report the Council of People to the same grant and send the Provincial People' s Committee before May 31, the fifth of the year of the period of phase-neutral public investment plan. Before;

b) The planning and investment transaction complete plan of the senior public investment plan, reported the Provincial People's Committee to the Provincial People's Council before June 15, the fifth year of the previous phase-neutral public investment plan;

c) Complete the post-stage medial investment plan completion of the Ministry of Planning and Investment, the Ministry of Finance before June 30, the fifth year of the previous phase-neutral public investment plan.

9. After an opinion of the appraisal of the Ministry of Planning and Investment, ministries, central agencies, the central body of the Vietnam Fatherland Front and of the political-social organization, the agency, the other organization fining the post-stage neutrality plan plan after sending the Ministry. Planning and Investment, the Ministry of Finance before June 30, the fifth year of the previous phase-of-stage public investment plan.

10. Prior to July 31, the fifth year of the previous phase-of-phase public investment plan, the Ministry of Planning and Investment Planning a limited public investment plan reported the Government.

What? 59. Presentation of the annual public investment plan

1. Before May 15 every year, the Prime Minister issued a regulation on the planning of economic development-the society and the state budget envisage next year, including the objective, the principal orientation and the deployment of the deployment of the investment plan. The next year.

2. Before June 15, the Ministry of Planning and Investment Guide ministries, industry and local planning of economic-social development and objectives, requirements, content, time, planning to invest in the next year.

3. Before 30 June, the ministries, the sector and the local guide the agency, the junior unit under the next year ' s public investment plan.

4. Before July 20, every year, the agencies governing the investment, the Department of Planning and Investment organizing, the appraisal, the total investment plan of the following year within the scope of the mission being delivered and the source of its own management report the People ' s Committee. level.

5. Prior to July 25, the People ' s Committee reported the Council of People to the same level through the planned public investment plan next year, including details of the project portfolio and the level of deployment of capital to each project according to the funding and deposits on the site. The report is expected to be approved by the People's Council.

6. Prior to July 31 each year, the ministries, industry and local are set to plan the next year ' s public investment plan to send the Ministry of Planning and Investment, the Ministry of Finance.

7. Prior to August 15 each year, the Ministry of Finance chaired, in coordination with the Ministry of Planning and Investment envisaged the ability to obtain, the state budget and the state budget capital investment, release of the national public, the Government bonds plan the following year.

8. Before August 31 each year, the Ministry of Planning and Investment chaired the planning and planning allocation of the next year ' s public investment plan:

a) State budget capital, national public capital and government bond capital; which credit the development investment of the State; the ODA capital and the preferable borrower of foreign donors of the ministry, industry, and local;

b) The source of the revenues left to the investment but not to the balance of the state budget of ministries, the central body, the central body of the Vietnam Fatherland Front and of the political-social organization, the agency, the other organization.

9. Prior to September 10 each year, after having the appraisal of the Ministry of Planning and Investment, ministries, industry and local fintech to envisage the next year ' s public investment plan and send the Ministry of Planning and Investment, the Ministry of Finance.

10. Before 20 September the year, the Ministry of Planning and Investment plans the next year ' s public investment plan to report the Government.

11. Presentation of the annual public investment plan due to the district level, the administration of the administration under the Government's provisions.

Item 2

SET, APPRAISAL, APPROVAL AND PLANNING OF STATE BUDGET CAPITAL INVESTMENT, NATIONAL PUBLIC CAPITAL, GOVERNMENT BOND CAPITAL, LOCAL GOVERNMENT BOND CAPITAL, CAPITAL FROM THE SOURCE OF REVENUE LEFT FOR INVESTMENT BUT HAS NOT YET BROUGHT IN THE BALANCE OF STATE BUDGET AND OTHER COUNTRIES. THE LOAN OF THE LOCAL BUDGET TO INVEST

What? 60. The principle of choice of project portfolio and envisages the deployment of capital for each project in the medium-term investment plan and annual state budget capital.

1. In accordance with Regulation 54, 55, 56 and 57 of this Law.

2. In line with the ability to balance the state budget in medium and annual public investment planning, envisage the ability to mobilize other capital investment resources for projects that employ more capital capital investment.

3. Under the program, the development of the development capital of the state budget was approved.

4. The projects that use state budget funds not due to the management of their management must be granted jurisdiction of capital appraisal and the ability to balance capital.

5. The principle of principle, the criteria, the allocation of capital investment develops the source of state funds in the planning of government regulations.

6. The deployment of capital for each program, the project does not exceed the total capital of the program, the project has been approved.

What? 61. The principle of choice of project portfolio and envisaged the deployment of capital for each project in the medium and annual investment plan that balances the local budget.

1. In accordance with regulations at Articles 54, 55, 56, 57, paragraph 5 and paragraph 6 Article 60 of this Law.

2. In accordance with the ability to balance the revenues, local budgets, medium-term, and annual public investment plans, the ability to mobilize other capital investment resources for projects that employ multiple capital capital sources.

3. Under the program, the task of investing in the development of local budget balances has been approved.

4. The projects that use a local budget that are not granted by a management must be granted jurisdiction to judge the capital and the ability to balance capital.

What? 62. The principle of choice of project portfolio and envisages the deployment of capital for each project in the medium and annual investment plan from the source of revenue left to the investment but has not yet entered the local budget balance.

1. In accordance with regulation at Article 60 of this Law.

2. The allocation, which uses the source of capital from the source of revenues left to the investment but has not yet brought in the balance of the local budget in accordance with the specified target at the resolution of the National Assembly, the Government ' s regulation.

What? 63. The principle of choice of the project portfolio and envisages the deployment of capital for each project in the medium-term investment plan and the yearly capital of local government bonds, other loans of local budgets for investment.

1. In accordance with regulation at Article 51 and Article 54 of this Law.

2. In line with the ability to mobilize other capital loans and capital resources.

3. Assures the ability to balance the local budget to reimbursate local government bonds, other loans of local budgets in accordance with regulatory time.

4. Do not use additional capital with a central budget target, government bonds to reimburse local government bonds, other loans of the local budget.

5. Do not use the local budget balance capital to pay interest and local government bond capital fees, other loans of the local budget, minus the gains and fees charged in the total investment of each of the approved projects.

6. The project category uses local government bonds, other loans of the local budget must be part of the project portfolio in the approved investment plan of the state budget. The amount of capital for projects that does not exceed the investment plan of the state budget is approved.

7. The project category uses other loans of the local budget to be part of the project portfolio in the approved investment plan of state budget. The amount of capital for projects that does not exceed the investment plan of the state budget is approved.

What? 64. The principle of choice of project portfolio and envisage the deployment of capital for each project in the medium-term investment plan and annual public capital, government bond capital.

1. In accordance with Regulation 54, 55, 56 and 57 of this Law.

2. In line with the ability to mobilize national public capital, government bonds in medium and annual public investment plans.

3. The subject of a national public capital, which is a government bond.

4. Has been given the authority to judge the capital and the ability to balance capital.

5. In accordance with the principle, the criteria, the allocation of national public capital allocation and government bonds in the planning period by the Government.

6. The deployment of capital for each program, the project does not exceed the total capital of the program, the project has been approved.

What? 65. Presentation, approx and planning to invest the state budget capital budget, national public capital, Government bond capital, and ...

1. Before 20 October of the fifth year of the previous phase of public investment plan, the Government of the National Assembly plans to invest the capital of state budget, state public capital, government bond capital.

2. Before November 10, the fifth of the fifth year of the pre-stage public investment plan, Congress decided to plan the following phase-limit public investment, including the following content:

a) The goal, the investment orientation, capital of state budget, the national public capital, the government bonds of the country;

b) The total capital investment capital investment;

c) The total amount of national public capital, government bonds;

d) A national target program, national important project;

Solution, policy primarily to implement a limited public investment plan.

3. Before December 10, the fifth year of the previous phase of public investment plan, the Prime Minister of the Government tasked with investing in the capital, state capital budget, government bonds, industry, and local government.

4. Prior to December 31, the fifth year of the previous phase-neutrality plan, the Ministry of Planning and Investment Affairs announced plans to invest the central budget capital of capital, national public capital, government bond capital for ministries, industry and local government. Oh,

What? 66. Presentation, approval and investment planning annual capital budget capital, national public capital, Government bond capital, $6million.

1. Before October 20 every year, the Government of the National Assembly plans to invest the state budget next year.

2. Before November 20, the National Assembly decided to plan a state budget investment next year.

3. Prior to November 20, the country 's total national public capital base, government bond capital which has been decided by the National Assembly in a medium-term public investment plan, the Government decides to sum up the country' s capital capital investment plan, left capital. The government votes next year.

4. Prior to November 30, the Prime Minister agreed to invest the state budget capital of the year after a total amount of capital that has been decided by Congress for ministries, industry and local.

5. Prior to December 15, the Prime Minister delivered detailed portfolio and total capital investment planning capital, national public capital, government bond capital of the following year for ministries, industry and local.

6. Before December 20 each year, the Ministry of Planning and Investment entrusted the portfolio and capital plan to invest the year following the central budget capital, national public capital, government bonds of each project for ministries, industry and local.

7. Prior to December 31 each year, ministries, industries and localities deliver or announce the central budget capital investment plan, the national public capital, the Government bond capital next year for units.

What? 67. Presentation, approval and planning to invest the local budget balance capital, local government bond capital, capital from revenues left for investment but has not yet brought in the balance of local budget and other loans of the local budget. method to invest

1. Before November 10, the fifth year of the previous phase of public investment plan, the People 's Committee of the People' s Assembly jointly granted a limited public investment plan, including a program portfolio, project, and capital level for each project according to each project. The capital is a capital of a medium-term investment plan.

2. Prior to December 20 of the fifth year of the previous phase-neutrality plan investment plan, the Provincial People ' s Council decided to plan a limited public investment plan, including a total capital of limited public investment plan, portfolio and capital level of capital for each project. according to the source of capital.

3. Before December 25, the fifth year of the previous phase-rate public investment plan, the District People ' s Council, the township level, decided to plan its senior public investment, including the total capital of limited public investment planning, portfolio and capital level of capital. balance the local budget, capital from the source left to the investment but has not yet put in the balance of the local budget for each project.

4. Prior to December 31, the fifth year of the previous phase of public investment plan, the People ' s Committee of the High-level Investment Planning of the Company Limited for the units to implement.

What? 68. Presentation, approx and planning to invest annual investment in balance of local budget, local government bonds, capital from revenues left for investment but not yet put in the balance of local budget and other loans of the local budget. method to invest

1. Prior to November 20, the People's Assembly of the People's Assembly jointly granted a plan to invest the following year, including the portfolio and the level of capital for each project.

2. Before 10 December, the Provincial People's Council decided to plan its next year's investment, including the portfolio and the level of capital for each project.

3. Prior to December 20 annually, the District People 's Council, the township level, decides to plan its next year' s investment, including the category and the local budget balance, which is from the source of revenue left to the investment but has not yet entered the local budget balance. The layout for each project.

4. Prior to December 31 each year, the People ' s Committee of the High-level Planning of planning next year for the units to implement.

Section 3

ESTABLISHED, APPRAISAL, APPROVAL AND PLANNING OF INVESTMENT PLANNING CREDIT THE DEVELOPMENT OF THE STATE, ODA CAPITAL AND PREFERABLE BORROWER OF FOREIGN DONORS.

What? 69. Setting, appraisal, approval and planning of capital investment credit capital investment credit for the state.

1. The principle of planning investment capital investment credit investment of the State:

a) The project must be able to recover capital, which is effective and the ability to repay debt, in the industry, the sector used capital credit capital investment credit;

b) The owner of the borrower must use the capital of the right purpose; pay off the original debt, full interest and the right time under the signed credit contract; fully implement the commitments in the contract and the provisions of the law.

The government regulates the industry, the sector and the capital lending of projects that use the state's development credit capital; the appraisal of the financial method, the borrower's debt-payment method.

2. The setting, appraisal of the midterm investment plan and the yearly equity credit capital of the state's development in accordance with provisions 50, 51, 52, 53, 55, 56, 58 and 59 of this Law.

3. The delivery of the investment capital investment plan that credit the development investment of the State implemented as follows:

a) Prior to December 10, the fifth of the fifth year of the previous phase of public investment plan, the Prime Minister of the Government delivered the total investment plan of capital investment credit investment of the State of the following phase;

b) Before December 31, the fifth of the fifth year of the pre-phase public investment plan, the Ministry of Planning and Investment planned to invest the development capital of the state of the post-phase state after industry, sector, program.

4. The delivery of the annual investment plan that credit the development investment of the State implemented as follows:

a) Before December 15 every year, the Prime Minister delivered the total plan of investment the following year;

b) Before December 20, the Ministry of Planning and Investment planned to invest next year in the sector, the field, the program.

What? 70. The principle of mid-term investment planning and annual investment of ODA and the preferable borrower of foreign donors.

1. The midterm investment plan and the annual ODA capital and preferable borrower of foreign donors must be built on the basis of a plan to implement the program, the annual project is granted the authority to approve and progress its commitment to foreign sponsors.

2. The neutral and annual investment plan of ODA and the preferable borrower of foreign donors must meet the following requirements:

a) Must present the content in each component; the main activity of the program, the project; each source of funding, the capital, the other capital; the basis of the underlying theory, the base calculation;

b) For the program, the mixed project uses investment capital and career capital, the management body and the ODA Capital Planning Authority and the preferable borrower of foreign donors, which deal with each of the program's contents, project;

c) For the program, the project due to a variety of regulatory agencies, each agency, the unit is responsible for planning the project section due to the agency, the unit implemented. The case with the general coordination agency, the joint coordinating body responsible for the overall planning of the program, the project; and the project.

d) Balance sufficient capital in a medium and annual public investment plan by commitment to foreign donors, in accordance with the program's annual economic solution, the project. The case is permitted by the Prime Minister, on a unified basis with foreign donors, which is used by the ODA capital and preferable borrower of foreign donors as a partner.

What? 71. Set, appraisal, approve the ODA capital investment plan and the preferable borrower of foreign donors.

1. In accordance with Regulation 50, 51, 52, 53, 55, 56, 58, 59 and 70 of this Law.

2. The overall investment plan and the detailed plan of each of the five programs, the project:

a) The overall investment plan is set up for the entire time implementation of the program, the project and must include all of the components, categories, operations groups, resources and progress made;

b) In the 45-day period since the signing of the International Treaty of ODA and the preferable borrower of foreign donors, based on the program document, the project has been granted the authorship of approval and the International Convention on ODA and the preferable borrower of the state. Foreign funding, program owners, institutional investors with an established or sweeping sponsor, update plans for the overall investment of review and approval.

c) For the program, the project has many component projects, the program ' s investment plan, the project including the overall investment plan and the detailed plan of component projects. The head of the program ' s governing body, the project approx the overall investment plan of the program, the project; the head of the component project management component approx the investment plan of the component project;

d) In the 10-day period since the date of approval of the program 's investment plan, the project, the governing body that sends approval to the decision is accompanied by the program' s investment plan, the project for the Ministry of Planning and Investment, the relevant agencies and the service sponsor. Monitoring, evaluation and coordination of the program, project.

3. Presentation, approval and delivery of ODA capital investment planning and preferable borrower of foreign donors:

a) Presentation, approval and delivery of ODA capital investment planning and preferable equity of foreign donors to be balanced in the state-made state budget prescribed at Article 65 and Article 66 of this Law;

b) Presentation, approval and delivery of the ODA capital investment and preferable loan of foreign donors applying the domestic financial mechanism in the form of a loan implementation again under provisions at Article 69 of this Law.

Chapter IV

EXECUTE AND FOLLOW, CHECK, EVALUATE, HEAD OF PUBLIC INVESTMENT PLANNING.

Item 1

IMPLEMENTING PUBLIC INVESTMENT PLAN

What? 72. Executive Order of Public Investment Plan

1. The National Assembly ' s resolution base for its planned and annual public investment plan, the Government rules out organizational solutions, implemented.

2. Congress 's resolution base, the decision to hand over the planning of the competent authority, the resolution of the People' s Council provides for a broad and annual public investment plan, ministry, industry and local, the district-level People ' s Committee, the township level and agencies, the unit. The use of capital capitalization decides that the organizational solutions that govern the investment plan are funded by the management of their own.

3. The Prime Minister for Coordination, the cage of capital sources implementing investment programs that use state budget capital, national public capital, Government bond capital of ministries, industry and local, agency, unit of use of public capital, but more. does not alter the program's implementation goals, the project.

4. The chairman of the Provincial People ' s Committee decides the co-ordination, which addresses the resources that implement the programs, the project that uses the local budget balance capital, the local government bond capital, which is from the source left to the investment but not yet. to balance the provincial budget, other loans of the local budget to invest but not alter the goal of implementing the program, the project.

What? 73. Accept of public investment plan

1. Ministry, industry and local, District People ' s Committee, township level:

a) The announcement or decision of planning a public investment plan for the agencies, the unit to use public capital;

b) The acute report has jurisdiction over the planning of public investment planning.

2. The agency, the unit of capital use of the capital investment report has the authority to implement the plan under the Government ' s regulations.

3. The Ministry of Planning and Investment, the specialized investment management agency that is responsible for testing, the foreman to secure the delivery, accept public investment plans under the decision of the competent authority.

What? 74. Public investment planning.

1. Ministry, industry and local, district-level People ' s Committee, township level, agency, unit using capital investment capital:

a) The organization implementing the right public investment plan has been granted a decision authority;

b) The implementation of the project in accordance with the right progress and capital plan has been granted competent authority;

c) Planning a bid and the organization of the contractor selection for the bid under the project of capital planned under the grant of a public investment plan has been granted jurisdiction;

d) The organization of the collection and payment, the correct decision on the contract for the completed bid and the delivery hand in use;

The balance of capital funds for payment of the underlying construction is specified in paragraph 2 Article 106 of this Law;

e) Secure the scope, the investment scale of each implementation project in accordance with the right objectives, the field, the program that has been approved and under a planned capital plan;

g) Track, check, evaluate the implementation of a public investment plan.

2. The Ministry of Planning and Investment Guide, tracking, inspection, inspection of the implementation of the medium and annual public investment plan of ministries, central agencies and the Provincial People's Committee.

3. The Ministry of Finance guarantees sufficient payment under a public investment plan that has been granted a decision authority.

4. The government regulates the implementation of the implementation of the public investment plan.

What? 75. Investigation of Public Investment Plan

1. Congress decides to adjust the overall investment plan and annually the state budget, which is the national public and the government bond capital in the following circumstances:

a) Due to the objective adjustment of the strategy, the economic development plan-the society of the nation;

b) Due to changes in the balance of the state budget or the ability to mobilize the capital.

2. The Standing Committee of the National Assembly decides to regulate the midterm investment plan and annually the state budget capital, the national public capital and government bond capital between ministries, industry and local in the event of not changing the total capital plan capital. The term is neutral and the yearly decision has been decided by Congress.

3. Prime Minister of the Government based on the specific situation in the planning decision plan:

a) Central investment capital investment plan, national public capital and Government bond capital of ministries, sectors and localities are delivered in accordance with Article 65 of Article 65 of this Law in the total capital of each set, industry and locality have been established. Congress decides;

b) The annual investment plan of central budget capital, national public capital and government bonds between the disciplines, the sector, the program of the objects by regulation at paragraph 4 and paragraph 5 Article 66 of the Law;

c) A neutral and yearly investment plan that credits the development investment of the State;

d) High-term and annual investment plan for the program, the project to use the ODA capital and the preferable capital of foreign sponsors in the internal affairs of the governing body.

4. Ministry of Planning and Investment:

a) The Chair appraisal of the medium-term investment plan adjustment and annual budget capital, national public capital and bond capital between industries, sectors, programs of ministries, industries and localities, reports the Prime Minister view of the project. The decision, the decision.

b) Chair appraisal of planning adjustment of central budget capital investing, national public capital and government bond capital in the internal sector, sector, program of ministries, industries and localities, reports the Prime Minister of the United States. consider, decide;

c) Which regulates the annual investment plan of central budget capital, national public capital and government bonds in the internal sectors, sectors, programs of ministries, industries and localities but does not exceed the total capital plan of public investment. The limits of each project have been granted jurisdiction.

Prior to March 31 each year, the Ministry of Planning and Investment Investment, reported the Prime Minister for regulating the investment plan the previous year stipulated at this point.

5. The Provincial People ' s Council regulates the medium-term and annual investment plan that balances the local budget, local government bond capital, which comes from revenues left to the investment but has not yet brought in the balance of local budget, loans and loans. other of the local budget to invest in the following cases:

a) Due to the adjustment of the objectives of the local economic-economic development plan;

b) Due to changes in the balance of local budget revenues or the ability to mobilize local capital sources;

c) Due to changing the need for use or the ability to deploy a yearly plan of planning between the local agencies, units.

6. The people ' s committee of grants decision to adjust the medium and annual investment plan that balances the local budget, local government bond capital, which comes from revenues left to the investment but has not yet put in the balance of local budget, the investments. Other borrowing of the local budget for investment between industries, sectors, programs and in the internal sectors, sectors, programs of units that use these funds and report the Council of People to the same level at the most recent session.

What? 76. The timing of the implementation and the financial settlement capital is limited and yearly.

1. For the project to use state budget capital, national public capital, government bond capital, local government bond capital, capital from revenues left for investment but not yet put into the balance of state budgets:

a) The timing of the implementation and the financial settlement of the first phase-neutral public investment period until the end of December 31, the first of the first phase of the post-phase public investment plan;

b) The time of a yearly public investment plan is extended to next year. The special case, granted jurisdiction, is extended to the time of the time of the end of the time of the end of the time of the end of the year, but not for the planning of a neutral public investment.

2. For the program, the project uses ODA capital and the preferable borrower of foreign donors:

a) The timing of the average and annual public investment plan in accordance with the International Convention on ODA and the borrower's borrower signed with foreign donors;

b) The foreign capital of the annual public investment plan is allowed to address the implementation and advance of the foreign sponsor's capital.

3. For the project to use the state's development credit capital, other loans of the local budget to invest, the timing of the budget of the budget under the loan term.

Item 2

TRACK, CHECK, REVIEW, PLAN INSPECTION, PROGRAM, PUBLIC INVESTMENT PROJECT, AND MORE.

What? 77. Watch, check out public investment plan

1. The specialized agency that governs the organization of the organization is monitoring, examining the agency's public investment plan, the management unit.

2. The content to follow, check out the public investment plan including:

a) The situation is implementing the provisions of the law on public investment;

b) The establishment, appraisal, approval, public investment planning;

c) The establishment, appraisal, approval and implementation of programs, the project is arranged in the public investment plan;

d) The execution of a public investment plan;

Basic, wasteless construction, failure of public investment.

What? 78. Public investment planning assessment

1. The medium-term public investment plan is assessed between the period and when the plan is ended.

2. The annual public investment plan is evaluated periodically and annually.

3. Content investment assessment:

a) The level of gain compared to the approved plan of approval;

b) The impact of the public investment plan in attracting investment from other capital sources and outcomes of economic-social development;

c) The feasibility of a public investment plan;

d) Public investment management;

Existing, limited; cause of existence, limitations in the implementation of public investment plans and disposal solutions.

What? 79. Trace, program check, project.

1. The governing body, the host and the investment holder, who has the authority to decide on the investment of the program, project and the state governing body on public investment that is currently tracking, examining the entire process investment process, the project according to the content and indicators. It ' s approved for investment and investment efficiency.

2. Check out the program, the project performs as follows:

a) The host and the owner of the program checks, the project is entrusted with;

b) The governing body, who has the authority to decide to invest the test organization at least once for the programs, the project has a period of execution over 12 months;

c) The governing body, who has the authority to decide to invest the test organization when regulating the program, the project changes the venue, target, scale, increase of total investment and other required cases;

d) The state governing body for public investment decided to organize a program test, planned or groundbreaking project.

What? 80. Program evaluation, project

1. Program evaluation, the project includes initial evaluation, evaluation between the period or phase, the end assessment, the impact assessment and assessment of the mutation.

2. For the public investment program, must perform the assessment between the time or phase, the review concludes and evaluate the impact.

3. For the national important project, the Group A project must perform the initial assessment, assessment of the midterm, the end assessment and the impact assessment.

4. For the Group B project, the group C must perform an end assessment and impact assessment.

5. In addition to the regulations at the 2, 3 and 4 Articles, the governing body, who has the authority to decide on investment and the state governing body of state investment decision making another review stipulated at this 1 Article when necessary.

What? 81. Program rating content, project

1. The initial assessment content included:

a) The preparation, organization, mobiles of resources to implement the program, the project to ensure the correct objective, progress has been approved;

b) The new birth arose, compared to the time of approval of the program, the project;

c) Proposed solutions to solving entangrium problems, which arise in accordance with the actual conditions.

2. The assessment of the period or assessment period includes:

a) The suitcases of the outcome of the program, the project compared to the investment objective;

b) The level of completion of the workload to the time of assessment compared to the approved plan;

c) Proposed the necessary solutions, including the regulation of the program, the project.

3. The end assessment content includes:

a) The process of implementation of the program, project: management operation implementation of the program, project; results of the objectives of the program, the project; the resources mobilized; the benefits submitted by the program, the project brought to the beneficion; the impact, the sustainability of the program, the project;

b) The lesson draws after the course of the implementation of the program, project, and proposes the necessary recommendations; the responsibility of the consulting organizations, the governing body, the program holder, the investment holder, the competent person to decide on the investment of investment, investment decision and investment. The agency, the organization, the individual involved.

4. Content assessment assessment of the program, the project includes:

a) Economic reality-operating technology;

b) Economic and social impact;

c) environmental impact, ecology;

d) The sustainability of the project;

) The lesson draws from an investment, investment decision, implementation, program, project; responsibility of the consulting organizations, the governing body, the program owner, the investment holder, the competent decision-making, investment decisions, and investment decisions. The agency, the organization, the individual involved.

5. The groundbreaking review content includes:

a) The suitcases of the results perform the program, the project to the time of assessment compared to the investment objective;

b) The level of completion of the workload to the time of assessment compared to the approved plan;

c) Identilocate the expected external ones (if any) and the cause of the expected and responsible for the expected and responsibilities of the agencies, organizations, individuals involved;

d) The influence and extent of the impact of the project outages to the implementation of the program, the project, the ability to complete the objectives of the program, project;

The necessary solutions.

What? 82. Community Investment Monitoring

1. The programs, the project under the supervision of the community. The United Nations Front of the Organization of Vietnam hosts the organization's investment monitoring.

2. The governing governing body of the population of the population of the population of the project on the decision to invest the national key project, the Group A project, projects to have a migration scale, resettlement, large settlement, project at risk of major impact on the environment, the project could be found. influence directly to the economic-social life of the population of the population of the community where implementing the project on advocated, investment policy, construction, land, waste disposal and environmental protection, compensation, fair release and the method of reshaping, settlement in accordance with regulations. The law.

3. Community investment monitoring content:

a) The adoption of laws of law on investment, construction, land, waste disposal and environmental protection;

b) The compensation of the compensation, the release of the face and the judgment of the watch, the settlement of the rights of the people;

c) The programs, the project used part of the contribution of the people;

d) The situation of deployment and progress of implementation of programs, projects;

The implementation of the public, transparency in public investment by regulation at Article 14 of the Law;

e) Detection of the Harmful Impacts to the interests of the community; the negative impacts of the project to the community's habitat during the implementation of the investment and operation of the project; the employment of waste, capital failure, project assets.

What? 83. The procedure, procedure, investment monitoring process of the community

1. The Front of the Fatherland of Vietnam presided, in coordination with the political-social organizations and related agencies:

a) A plan to monitor the investment of the community on the program, the annual project on the table according to regulatory content at paragraph 3 Article 82 of the Law;

b) The establishment of the Community Investment Supervisor Board for each program, project;

c) inform the host, the investment holder and the Program Management Board, the project on the monitoring plan and the investment Supervisor of the Community Investment Supervisor Board 45 days prior to the execution.

2. The program hosts, the investment owner and the Program Management Board, the responsible project:

a) The full, honest, timely documentation involves the implementation of the implementation of the program, the specified project at paragraph 2 Article 82 of this Law to the Board of Investment Management of the community;

b) Create favorable conditions for the Investment Supervisor Board of the community performing the oversight of the law;

c) Continue the monitoring of the monitoring and strengthening of the measures implementation of the project.

What? 84. The organization performs tracking, testing, evaluation of plans, programs, projects and projects.

1. The program owner and owner is responsible for organizing the initial tracking, inspection and evaluation, between the period and the end of the program, the project.

2. The governing body, who decides to invest and the state governing body for public investment carrying out tracking, testing, and impact assessment, assessment of the program, the project being delivered.

3. The agency, the organization that performs the self-implementation assessment or the expert hired, the consulting organization has sufficient conditions, capacity to evaluate.

4. The government regulates the details of tracking, testing, evaluating plans, programs, projects, and supervising the investment of the community.

What? 85. Public investment inspector.

1. Operate the management of the management and use of the public investment made by the provisions of this Law and the other provisions of the relevant law.

2. The public investment inspector must be attached to the execution of the function, the inspection mission of the agencies, the organization and the right sequence, the procedure for inspection in accordance with the regulation of the law of the inspector.

3. The conclusion of the inspection of public investment is publicly regulated by law. The case finds a violation of the law of public investment, the agency for the inspection of a jurisdiction or a transfer to the state agency with jurisdiction to handle.

Chapter V.

MISSION, JURISDICTION, THE RESPONSIBILITY OF THE AGENCIES, ORGANIZATIONS, INDIVIDUALS IN PUBLIC INVESTMENT ACTIVITIES, MAY.

What? 86.

1. Board of law, resolution of public investment.

2. The decision to master the investment of the national target program, the national importance project using capital investment capital.

3. Decided and adjust the medium and annual public investment plan.

4. regulate the national important project classification criteria.

5. Monitor the implementation of a public investment plan, national target program, national importance project; oversight of the implementation of the law on public investment.

What? 87.

1. Unity of state management of public investment.

2. The National Assembly enacted legislation, the resolution; the Standing Committee of the National Assembly issued a decree, the resolution of public investment.

3. Board of Public Investment Management.

4. The National Assembly decides to invest its national target program, national key project.

5. The decision to invest the investment program in accordance with Article 17 of the Law.

6. Set up and make Congress decide, adjust the medium and yearly public investment plan.

7. The organization performs a medium and yearly public investment plan.

8. The Congressional Report on the Situation Implementation of the Medium And Yearly Public investment plan, national target programs, national important projects.

9. The test organization, which inspects the implementation of a medium and annual public investment plan; checks to implement programs, projects that use central budget capital, national public capital, government bond capital, check out the implementation of the objectives, the report said. Public investment policy.

What? 88. The mission, the powers of the Ministry of Planning and Investment

1. Responsable to the Government to implement the unification of state management of public investment.

2. Board or authorship with authority to enact legal documents relating to public investment, principles, criteria, allocation of allocation and capital investment use.

3. Host, in collaboration with the Ministry of Finance that determines the total capital investment of state budget, national public capital and government bond capital, which credit the state's development investment in medium and annual public investment planning.

4. Total Government Plan for the nation ' s annual and annual public investment.

5. Regulatory or authorship have the authority to adjust the medium and annual public investment plan.

6. Responde to the Government to implement the unification of the state administration of ODA capital and preferable borrower of foreign donors; as a head of movement, coordination, management and use of ODA capital and preferable borrower of foreign donors.

7. Host, in collaboration with the relevant agency that regulates the capital and the ability to balance capital funds using central budget capital, government bonds, and other capital sources according to the rule of law.

8. Take responsibility for the government to implement the reunification of state management of national target programs.

9. Organization for implementation, tracking, testing, evaluation, planning inspector, program, project, and other state management duties on public investment.

What? 89. The mission, the jurisdiction of the Treasury

1. Coordinate with the Ministry of Planning and Investment Planning on the Medium And Annual Investment Plan.

2. Coordinate with the Ministry of Planning and Investment that determines the total capital investment capital investment capital, national public capital and government bond capital raising, which credit the state's development investment in medium and annual public investment planning.

3. Coordinate with the Ministry of Planning and Investment appraisal of the capital and the ability to balance the capital use of central budget capital, national public capital, government bonds, and other capital sources according to the rule of law.

4. Chair, in coordination with the Ministry of Planning and Investment Guide to the local financial bodies balance of regular funding to pay the costs of planning, appraisal, investment decision-making, approval of the investment decision of programs and maintenance, operation the project to be used.

5. Report the Government of the Situation Solving, planning, program, project.

What? 90. The mission, the powers of the ministries, the central body

1. Perform the state management function on public investment by the rule of law.

2. Board, guide, test, monitor the implementation of standard, standard, economic-level implementation.

3. The decision to master the program's investment, the project under regulation at paragraph 4 Article 17 of the Law, and the decision to invest the program, the project stipulated at paragraph 2 Article 39 of the Law.

4. Public investment planning organization.

5. Watch, evaluate, monitor, inspect, inspect the planning, program, project of the management range.

6. Report of the situation and results of the plan, program, project.

7. Coordinate with the ministry, industry and local implementation of the plan, program, project under function, mission assigned.

What? 91. The mandate, the powers of the People ' s Council

1. The people ' s assembly has the following duties, the following powers:

a) The decision to advocated investment program investment by the entire local budget balance capital, local government bond capital, capital from revenues left for investment but has not yet entered the balance of local budget under jurisdiction and capital funds. borrow another of the local budget for investment;

b) Consider, there is an opinion on the initiative of Group B project investment and project of a local C group, which manages the use of central budget capital, national public capital, government bond capital;

c) The decision to master the investment of the program, the project under regulation at paragraph 5 Article 17 of the Law;

d) Review, there is an opinion on the local and annual public investment planning, including the entire portfolio and the level of capital for each central budget capital project, national public capital, government bond capital;

The decision to plan a local and annual public investment, including the entire portfolio and capital level for each local budget balance project, which credit the state's development investment, the local government bond capital, which is capital of the country. from the source left to the investment but not yet put in the balance of the local budget, other loans of local budgets for investment;

e) Supervising projects using capital investment funds assigned to the local management, including central budgetary capital, national public capital, government bond capital, local budget balance, state development credit capital, foreign capital, capital, state capital, and capital. Local government votes, ODA capital and foreign donors, which come from revenue to investment but have not yet entered the balance of local budgets, other loans of local budgets to invest.

2. The Provincial People's Council performs the duties, the powers specified at 1 Article and the following duties, the following powers:

a) Consider, an opinion on the initiative of the investment of the local A group project management;

b) Decided the local focus project criteria in accordance with the goal, development orientation, financial capabilities, and specific characteristics of the locality.

What? 92. The mandate, the powers of the Provincial People ' s Committee

1. Make the state management of public investment on the site by the rule of law.

2. Provincial People's Council:

a) The decision to invest investment program investment by balancing the local budget, capital of local government bonds, capital from revenues left for investment but has not yet entered the balance of the local budget, other loans of the local budget. To invest;

b) Consider, there is an opinion on the initiative of the jurisdiction of the jurisdiction to decide on the investment of the Prime Minister in accordance with the provisions of Article 3 of Article 17 of the Law;

c) The decision to lead the Group B project investment and project the focus group C of its own management under the regulation at the b point 5 Article 17 of the Law;

d) Consider, there is an opinion on the midterm investment plan and the annual budget of central budget, the national public capital, government bond capital, ODA capital and preferable capital of foreign donors according to the portfolio and the level of capital for each project;

The decision to plan a neutral and yearly investment plan that balances the local budget, the local government bond, which credits the development of the state and capital from the source for investment, but has not yet entered the balance of the local budget. and other loans of local budgets to invest.

3. The decision to chair the project is due to the provisions of Article 6 Article 17 of this Law and the decision to invest the program, which is due to be specified in paragraph 3 Article 39 of the Law.

4. Organization for implementing and tracking, evaluating public investment planning capital investment funded by the management of its own.

5. Coordinated with the ministry, the central body organization implementing implementation, tracking, inspection, evaluation of the program, project on the provincial capital.

What? 93. The mandate, the powers of the District People ' s Committee, the township

1. The organization plans to invest in the medium and every year of its management.

2. The organization that defines the program, the project of its management.

3. People ' s Assembly of the same level:

a) The decision to advocated investment program investment by the entire local budget capital by the allocation of capital and capital from the source of revenues left to the investment but has not yet put in the balance of the district-level local budget, the commune level according to jurisdiction;

b) Joining the initiative on the initiative of the jurisdiction of the authority to decide on the investment of the Prime Minister in accordance with the provisions of Article 3 of Article 17 of this Law and of the Council of the People above;

c) The decision to lead the Group B project investment and project the focus group C of its own management under the regulation at the b point 5 Article 17 of the Law;

d) Decide a neutral and annual investment plan that balances the local budget and capital from revenues left to the investment but has not yet put in the balance of the district-level local budget, the township level.

4. The decision to master the project's investment in accordance with the provisions of Article 6 of Article 17 of this Law and the decision to invest the program, the project under regulation at paragraph 4 Article 39 of the Law.

5. Organizations execute, monitor, evaluate, inspect, inspect planning, program, project, and other state management duties on public investment in terms of management hierarchy.

6. Coordinate with the agency, the organization is involved in implementing the implementation, tracking, inspection, program evaluation, project on the site.

What? 94. The mission, the powers of the State Audit

1. Decided to plan an annual audit of the plan, program, project, and report of Congress, the Government before the execution.

2. The organization performs an annual audit plan, which audits themits and performs audit of plans, programs, projects at the request of the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister.

3. Report of the National Assembly, the Standing Committee of the National Assembly results in audit of the year, the audits, and the results of the implementation of the planning, program, project.

4. The organization announced, publicly reporting the audit plan, program, project under the law.

What? 95. The mission, the jurisdiction of the United Nations Front

1. Host the organization overseeing the investment of the community of programs, the project by regulation at paragraph 1 and paragraph 3 Article 82 of this Law and other provisions of the relevant law.

2. The organization takes the public opinion on the initiative of the investment of programs, projects on the table by regulation at paragraph 2 Article 82 of this Law and by the rule of law on the implementation of democracy in the commune, ward, town.

What? 96. Rights and responsibilities of the agency, organization, individuals in the proposed investment of investment.

1. Proposal program, project in line with strategy, planning, economic development planning-the society in each period.

2. Make sure to mobilize and balance the resources to implement the program, the project to complete the correct progress, time of regulation.

3. The proposal to grant the authority to review, the decision to be advocated for investment when the program does not overlap with the other program and with a regular mandate in function, the mission is delivered.

4. Take responsibility for information, metrics related to the program, the proposed project.

What? 97. The rights and responsibilities of the agency, the organization, the individual involved in the investment decision.

1. The organization, organization, individual and head of the organization decide to host the program investment, the project meets the regulation at Article 18 of this Law.

2. Agency, organization, individual regulation at paragraph 2, 3, 4 and 6 Article 17 of this Law decides to preside false investment, inefficient, unbalanced investment to perform a failure, wasting, depending on the nature, level of violation that is disciplined, It's a crime to punish the administrative breach or be charged with criminal responsibility and damages in accordance with the laws of law.

3. Agency, organization, individuals involved in the establishment, the appraisal of a breach that leads to the decision to master the wrong investment, inefficient, arbitrary, the extent of the violation, which is subject to disciplinary action, sanctifiation of the administrative breach, or the prosecution of criminal responsibility. If the damage is caused by the law, it is the law of the law.

What? 98. Rights and responsibilities of the program host, the owner of the program involved in programming, project

1. Accountable to the laws of the content of the acute dosable profile, the decision.

2. Provide the necessary documents for the appraisal agencies, program judges, projects.

3. Proposal for the solutions that mobilize the resources to implement the program, the project follows the right progress, the time of regulation.

4. Take responsibility before the law on the program, the project. In the case of a violation, the degree of violation, the degree of violation, is subject to disciplinary action, sanctipated the administrative breach, or the prosecution of criminal responsibility; if the damage is caused by the law.

What? 99. The authority and responsibility of the agency, the organization, the individual decided to invest the program, the project

1. The program to invest in the program, the right project investment project has been granted competent authority, in line with the ability to balance the capital's capital, according to the standard, standard in investment, and appraisal results. The case determines the wrong investment, leading to inefficient investment, disarray, failure, waste, due to the nature, level of violation that is subject to disciplinary treatment, sanctipation of the administrative breach or the prosecution of criminal responsibility; if damage is compensated. according to the rule of law.

2. The organization that defines the program, the project prior to approval, including the appraisal of capital and the ability to balance capital.

3. Balance of capital for payment of the costs of the set, the program appraisal, the project of its management.

4. Directed by the program director, the owner of the program, the project is on the right progress, ensuring the quality of the investment plan is approved.

5. Decision to regulate, suspend, cancel the program, project.

6. The organization follows, examine, evaluate the program, project and operation of the program owner, the investment holder in the process of the implementation of the program, the project.

7. Accountable to the law on violations of the jurisdiction of the jurisdiction in the course of the program selection, the investment holder.

What? 100. The rights and responsibility of the agency, the organization, the individual involved in program design advice, project.

1. The design consulting organization has the right to ask the host, the owner of the information supply, documentation related to the design of the program, the project.

2. Program design, project in accordance with standard, standard, quantitative, and quality assurance engineering solutions; not designed to exceed the standard, standard, regulatory rating.

3. Take responsibility for the program design results, the project. The case of the wrong design, which leads to less effective investment, failure, waste, is subject to the nature, the level of violation that is subject to disciplinary treatment, sanctipation of the administrative breach or the prosecution of criminal responsibility; if damage is compensated by the rules. the law.

What? 101. The rights and responsibilities of the agency, the organization, the individual involved planning the planning, the program, the project

1. Agency, organization, individual related to planning appraisal, program, project that performs appraisal by law, is responsible for the outcome of the appraisal and its recommendations.

2. The appraisal needs warranties of independence, honesty, objectiation, objective compliance of this Law and other regulation of the relevant law.

3. The case of wrong appraisal is subject to the nature, the degree of violation that is subject to disciplinary treatment, sanctipation of the administrative breach or the prosecution of criminal responsibility; if the damage is caused by the law.

What? 102. The rights and responsibilities of the program host, the investment holder in management, implementation of the program, project

1. The management organization, carrying out the program, project, ensuring the right target, progress, quality.

2. Report the implementation of the program, the project under the provisions of this Law and the other regulation of the relevant legislation.

3. The case for failure to occur, the waste is subject to the nature, the degree of violation that is subject to disciplinary action, sanctipated the administrative breach or the prosecution of criminal responsibility; if the damage is caused by the law.

What? 103. Rights and responsibilities of the Program Management Board, project

1. Proposal for methods, solutions and management organizations, implementation of the program, project assurance project, progress, quality under the authorship of the program owner, the investment holder.

2. The program host report, the investment holder on the implementation of the implementation of the program, the project.

3. The case for failure to occur, the waste is subject to the nature, the degree of violation that is subject to disciplinary action, sanctipated the administrative breach or the prosecution of criminal responsibility; if the damage is caused by the law.

What? 104. The rights and responsibilities of the agency, the organization, the individual who perform track, assessment and inspection of plans, programs, projects.

1. The head of the department, industry and local, the Chairman of the District People ' s Committee, the department, the host, the owner of the program, the investment holder responsible for the unorganized consequences of tracking, assessment, planning, program, project, or non-reporting. regulation.

2. Agency, organization, individual tasked with carrying out tracking, testing, evaluating plans, programs, projects must be responsible for the content of its reports.

3. The host, the owner, is responsible for the reporting content and is responsible for the regulation of the law due to the report, which provides an unaccurate information about the investment implementation situation within the management range.

4. Agency, organization, individuals who are assigned to watch, test, assess the plan, program, project with breach of violation or other violations of the breach, depending on the nature, level of violation that is subject to disciplinary treatment, sanctipation or prosecution. It ' s a criminal responsibility; if it ' s damage, it ' s about the rules of the law.

What? 105. Breach of breach

The agency, the organization, the individual whose behavior violates the rules of the law, is subject to the nature, the level of violation that is subject to disciplinary action, sanctipated the administrative breach, or being prosecuted for criminal responsibility; if damage is required, it is required to compensate under the rules of the law. the law.

Chapter VI

EXECUTION CLAUSE

What? 106. Transfer clause

1. The handling of the programs, the project that has been granted have the authority to decide before the Law Day is valid but has not yet been established as follows:

a) For the program, the national importance project, the continued implementation of the resolution of the National Assembly and the decision to invest in the Government;

b) For the program, the project was already in the approved investment plan, which continues to follow the plan;

c) For the program, the project is not included in the approved investment plan, which must implement the establishment, appraisal, decision-making, project under the provisions of this Law.

2. Only the capital plan of capital planning to pay the basic building debt before the Law Day comes into effect.

What? 107. Performance Performance

The law came into effect on 1 January 2015.

What? 108. Detailed rules

The government provides details of the provisions, which are assigned to the Law.

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the 7th session through June 18, 2014.

President of Congress.

(signed)

Nguyen Gung Xiong