The Decree 03/2013/nd-Cp: A Guide To Resolution 49/2010/qh12 On Projects Of National Importance, The Congress Decided To Investment Undertakings

Original Language Title: Nghị định 03/2013/NĐ-CP: Hướng dẫn Nghị quyết 49/2010/QH12 về dự án, công trình quan trọng quốc gia trình Quốc hội quyết định chủ trương đầu tư

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THE GOVERNMENT.
Numbers: 03 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 4, 2013

DECREE

Q specify the details and instructions to enforce some of the N Number one. 49 /2010/QH12

June 19, 2010 Q You know, the idea of the project, the important work.

the home country Q It ' s a great deal of choice.

____________________________

The Law base. Nest Ch. I'm Twenty-five. Ah! - 1 Two, 200. 1 ()

The Law base. Fuck! Number 61 /2005/QH 1 1 day 29 11 in 2005;

The Law base. X the build up number 16 /2003/QH 1 1 day 26 Ah! 11 in 2003;

The Law base. S Fuck. socket i Oh, plugin for some i These are the laws concerning the basis of basic building investments of 38/20. 0 9/QH12 on 19 th Ah! 6 in 2009;

Base of Resolution. 49 /2010/QH12 June 19, 20 1 0 of the National Assembly on the project, the national important work of the National Assembly decides to host investment;

The o offer by the Minister of Planning and Investment ()

Ch I'm The government issued the decree. y The details and instructions are going on. Stain. The point of the resolution. Stain. 49/201 0 /QH12 June 19, 2010 of the National Assembly on Reserve Ah! n, the National Observatory for the National Assembly decided to invest its investment. Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree rules the details and guidelines that enforce some of the content of the number Resolution. 49 /2010/QH12 On June 19, 2010 of the National Assembly on the project, the National Observatory for the National Assembly decided to take the investment (the following call for a digital resolution). 49 /2010/QH12); include: The Guide applies the criteria for investment capital (regulation at paragraph 1 Article 3 and Section 1 Article 4 of the Digital Resolution) 49 /2010/QH12 ) and v Okay. project, the work is in the process of implementing, developing the problem of the reserve criteria. n , the national important work (regulation at paragraph 3 Article 10 of the Digital Resolution) 49 /2010/QH12 ). Organizational regulations and methods of activity. a State appraisal council and the body tasked with th ... moisture set; hire appraisal consulting and appraisal charges, project judges, national important works; records, project appraisal procedures, key work qu, project, and job planning. Stain. Come on.

What? 2. Subject applies

This decree applies to institutions, organizations, individuals with regard to the investment activities of projects, national important works.

Chapter II

THE MANUAL APPLIES 1 ARTICLE 3, PARAGRAPH 1 ARTICLE 4 AND PARAGRAPH 3 ARTICLE 10 OF THE NUMBER RESOLUTION 49 /2010/QH12

What? 3. The investment capital criterion defines the project, the national important work under the thanksgiving regulation. i Paragraph 3 and paragraph 1 Article 4 of Ngh Shit. Number. 49 /2010/QH12

Capital. And As a matter of fact, the fourth paragraph of the Security Council. 49 /2010/QH12 It is calculated as of June 2010; projects, projects, when considering the criteria for the project's criteria, the national importance process must be reinvested in terms of the timing of the rating.

The slide system is determined by the Consumer Price Index (CPI) due to the Total c The Board of Statistics.

What? 4. The project, the process that is implementing implementation, develops the problem of the criteria for the project, the national important work, by regulation at paragraph 3 Article 10 of the Digital Resolution. 49 /2010/QH12

1. Project, construction. Ashes Implementation of the implementation process at paragraph 3 Article 10 of the Number Resolution 49 /2010/QH12 -

a) The project, which has already made a decision to invest (for projects, works using state budget capital or other capital funds led by the Prime Minister, the Minister, peer-to-peer authority, Government agency, Chem). brew of Brew The people of the people who decide to invest in the prescribed investments.

b) The project, the work has been issued. And Private (for projects, non-scale work) Shit. At this point, this one thing.

2 . The project is in process. What? Implementing the execution, the problem of the problem. The criteria. So, Public view It ' s the national convention at Clause 3 Article 10. of the resolution 49/20 1 0/Q Oh. 12: After - The Q. Number 49. /2010/QH12 c Boob In effect, you guys. n Yes. presentation is in the process of developing k Oh. Who is? Don't n there is increased change of project content, the process compared to the project. Oh. The decision is made. And -Private, Gi All The investment certificate has granted, or previous regulatory decisions, to which the content is changing. socket This is about the project, the project. to The national flag is prescribed by the National Decree. 49 /2010/QH12.

3. The projects, the work that are in the process of implementing implementation that arise from the problem of one of the criteria on the project, the national important work stipulated at Article 3 and Article 4 of the Digital Resolution. 49 /2010/QH12 is continuing to implement implementation and the owner of the investment must report issues that arise on the person What? Define And As for the projects, the process of regulation at the Point of One Article 1; or the Department of Professional Management and the Certificate of Certification Investment for the projects, the process of regulation at Point 1 This Article, to consider the adjustment of the project. The sequence, the procedure to review the implementation of the current implementation project as for the project scale (project group) before going to the project. Okay. I do.

4. The person with authority to make an investment decision on projects, a process of regulation at the Point of One-One Article or the Department of Finance for the project, the process stipulated at point b 1 This must report the Prime Minister to the Prime Minister. The review allows for the topic of prior to regulation and direction of the National Assembly report at the end of the year on the implementation of the project implementation, including the issue of criteria for the development of the project's criteria, the national significance of the project.

Chapter III

THE ORGANIZATION AND THE OPERATIONAL METHOD OF THE STATE APPRAISAL COUNCIL AND THE AGENCY ARE TASKED WITH APPRAISAL.

What? 5. The Organization and Mission of the State appraisal Council

1. The state appraisal council decided by the Prime Minister to form in each project, publication. What? There is the task of organizing the appraisal of projects, national important works (the Feasibility Research Report and/or Feasibility Study Report) to report the Prime Minister to decide whether to invest or the National Assembly to decide on its investment.

2. The Council of State appraisers consists of the Chairman of the Council, Vice President of copper and other members of the Council. Chairman of the State appraisal Council is Minister of K What? planning and Investment or other agency Leader led by the Prime Minister; Vice President and other members of the Government of the United States. Council is representative Consul Department, Industry Oh, The organs. l Qu U Security. Prime Minister Government decided t Pig. Okay. Ah! a Chairman of the Society. n State appraisal . The number of members of the Board of Appeals. Oh. House n I wish to be a Stain. I ' m going to make sure that the principle of voting is a majority.

3. The chairman and members of the state appraisal Council are responsible to the Prime Minister for the organization of the appraisal and appraisal activities under hand, the comments that evaluate the appraisal results, conclusions and petitions of the Council of judges. state about the content of the project, the view to The state office.

4. The state appraisal council considers, deciding on issues of q. U The work, program, and work plan of the Council and other matters are important in the course of course. Move. The project, the national important project.

5. The state appraisal council works under the collective regime under the direction of - The Council. The state appraisal session is considered valid when there are at least 50% of the participating members (including the one). commission power). The conclusions of conclusion are united by the principle of majority; individually. What? A comment. Stain. In addition to the project's appraisal, the national capital of the Prime Minister must be at least two-thirds the number of state appraisal members through. Opinions of state appraisal members are obtained by voting at the meeting or by text sent to the Council.

6. State appraisal council self-dissolution after completing th work th ... Move. I intend to follow protocol.

What? 6. The responsibility of the President of the Council of State appraisers

1. Review of the approval of the state appraisal Council, the planning of appraisal after the Council of State appraisal of opinion, decided to convene the state appraisal Council meetings, presiding over sessions, the assignment of responsibility for Vice President. and state appraisal members.

2. The decision to establish the interdisciplinary appraisal or organization of the Society Oh. Depends on your job requirements.

3. In the necessary cases, the President of the Council of State appraisers can commission the rights to the Vice Chairman of the Council to convene and host the sessions. Oh. th Move. Define the state or report to the Government some of the content or work provided by the Vice President directly. to Ace.

4. The decision to lease and select the consulting of the project, the national important work under regulation at Article 13 and Article 14 of this decree. .

What? 7. i The vice president of the state appraisal Council.

1. Help the Chairman of the Council to direct the activities of the Council; follow and execute the duties of the Council chaired by the Chairman of the Board, which is responsible for regular reporting on the situation and k. What? The Council of the Council. .

2. Help the Chair of the Council review, evaluate the expert reports and other activities of the Council to submit the Prime Minister.

What? 8. The responsibility of the state appraisal Council members

1. Consider having an opinion on project appraisal content, official work. to The country's military, agency, and local functions are in charge and on the general issues of the project, the national important work.

2. Personnel mobiles, work vehicles, research facilities under their management to complete the task of being delivered.

3. In full attendance of the session of the Council of State appraisal, the exchange contributes opinions on the consideration, appraisal and resolution of the conclusions of the Council of State appraisal as needed. School. p is particularly unattended, the state appraisal council member must have an opinion by v. What? n, at the same time commission the right to represent. The opinion of the authorized representative is the opinion of the authorized member.

What? 9. The mission of the permanent body of the council to the state appraisal

The Permanent Authority of the State Board of Appraisal is the Ministry of Planning and Investment, which has the following tasks:

1. The Department of Machine mobiles helps the Chair of the State appraisal council work on the project appraisal and joint activities of the Council; coordinate p with relevant agencies, interdisciplinary appraisal experts, interrogation counseling to perform the appraisal work.

2. Take over and check the project records, send a project file to the Council members, the agencies, the relevant unit.

3. Prepare your fish. c Interrogated consulting. p copper and other relevant evidence to serve the bar, determine the cost of the appraisal and project of the project, the national important work.

4. Really. i The other duties were given by the Chairman of the Council of State.

What? 10. The mission of the interdisciplinary appraisal expert

1. A federation of interdisciplinary appraisals is that the department is established to help the Council of State appraisals or agency to be tasked with appraisal (regulation at Article 11 of this decree), which includes experts of ministries, industries, localities and related agencies.

2. The interdisciplinary appraisal has the following tasks:

a) Construction of the project appraisal plan, the national important work (according to the appendix to this decree) the state appraisal council or the agency is assigned the task of appraisal;

b) Th Move. The format of the content is assigned;

c) Prepare the required content b socket add, modify the profile at the suggestion of the members of the state appraisal Council, other help in the appraisal process, the state appraisal council or the assigned authority;

d) Perform work to help the State appraisal Council or agency to be tasked with appraisal of the appraisal advisory option (in the h school) p is required to hire an appraisal advisory) by regulation at Article 13 This decree;

The President of the Council of State appraisal members, proposed, the Chairman of the Council of State appraisal Council or the Chief Minister is tasked with reviewing the review, deciding which matters to be dealt with during the appraisal;

e) The draft appraisal report by the State appraisal Council or agency is tasked with the appraisal of the Council of the Council. Move. Whether the state or the Chief Minister is assigned the task of appraisal of the Prime Minister's program;

g) perform other assigned tasks.

What? 11. The organization and the agency ' s mission c Mission. appraisal

1. The agency tasked with appraisal is the body appointed by the Prime Minister to host the organization presiding over the investigation of the project, the national importance work (in the h). The Prime Minister does not form the Council of State Appraisal.

2. The body assigned to the task of appraisal has the following tasks:

a) The decision to establish an interdisciplinary Appraisal Organization and/or Other Help depends on the requirements of the appraisal. The interdisciplinary organization is tasked with the provisions of Article 2 of Article 10 of this decree;

b) Held accountable to the Prime Minister for the organization of appraisal and appraisal activities. v The assigned dock, the opinions of appraisal results, conclusions, and recommendations of the body are tasked with appraisal of the content of the project, the national important work;

c) Review of the process of working rule, the plan to adjust the project, the view. to State of the Nation;

d) The decision to lease and select the consulting of the project regulate the project, the national important work under regulation at Article 13 and Article 14 of this decree;

Receive and check the project records, send a project file to the agencies, the relevant unit.

Chapter IV

HIRE APPRAISAL COUNSEL AND APPRAISAL COSTS, PROJECT JUDGES, NATIONAL KEY WORKS

What? 12. The authority decides the hiring of examination counsel d Well, Murder. Oh, National important works.

1. The interrogation advisory is the organization or individual in the country, foreign or related d Domestic and foreign (later known as consultants) are assigned by the state appraisal Council or the authority to be assigned by the task force to carry out one or some part of the work of the project appraisal, publication. What? National importance.

2. Chairman of the State appraisal Council or the elected body chief. v Okay. Move. Go. decision to decide collection Hey. Mind counseling. n g Oh, And the Move. Go. to a project, the national important work in the form of choice is qu y set at Article 13 of this decree; approve the selection plan. Move. Look. Case of lease Yeah. Foreign affairs or domestic and foreign affairs judges, national important works, state appraisers, or the President of the Council of State appraisers are assigned to the Office of the Prime Minister to review the approval of the Prime Minister.

What? 13. Process, procedure selection counseling, national important work

1. A federation of interdisciplinary appraisers prepare the required record and draft a contract for the President of the State appraisal Council or the Chief of the Authority to be tasked with the approval of the appraisal. The contents of the required profile include: Requied the Energy Standards, the number of consulting, consulting of consulting; the requirements for content, work scope, quality of work; time and place of execution; requirements for the time of preparation and filing. The proposal, the validity deadline of the proposed record; the proposed proposal for the cost of rent, payment conditions, and other necessary content. .

2. The interdisciplinary appellate organization identifies the preliminary counsel with sufficient capacity and the response experience is required stating in the filing of the state appraisal of the state appraisal Council or the Chief Minister assigned to the appraisal task, as the basis for inviting. Counseling is selected to receive a request file.

3. The interrogation counselor receives the requested file, preparing the proposed file. to The statute of time is specified at the request file and file a proposal to the interdisciplinary Appraisal Professionals.

4. The interdisciplinary organization evaluated the recommended profile of the interrogation counsel. During the evaluation process, the interdisciplinary Appraisal Organization may invite the appraisal counsel to the negotiation, explain, clarify or amend, adding the necessary information content of the proposed profile to demonstrate the consultation of consultation at the request of the case. Request. An appraisal consultant is evaluated as a response and is selected when fully responding to the following requirements:

a) The response to the experience, capacity and personnel by regulation at the required profile;

b) The offer of choice after negotiation does not exceed the expected value of the state appraisal Council or the Chief of the Authority tasked with the approval of the appraisal.

5. T Specialist drives. Federal appraisal reports the proposed case assessment report The C The President of the Council of State appraisers or the Chief Minister, the body assigned to approve k What? The choice of interrogation counseling. School. No choice to be consulted, the interdisciplinary Appraisal Organization has a written report of the President of the State appraisal Council or the Chief of the Authority tasked with appraisal of the choice of other appraisal and execution in accordance with the regulations. select the question of questioning above.

6. The interdisciplinary panel of interdisciplinary appraisers invited the choice to be selected to the negotiation, complete the contract to sign h p-check the project. The contract by the Council of State appraisal or agency is assigned the task of appraisal with the choice of choice.

What? 14. Cost of appraisal and rent Move. Check the projects, national important works due to the state appraisal Council or the agency tasked with the appraisal of execution.

1. The cost of the appraisal is the cost of consulting the project, the company. to National importance (issued by the Council of State appraisal or agency). The cost of the project of the project, the national important work is defined by the current regulation.

2. The cost of the appraisal is the service costs for project appraisal activities, workers to The national importance of the Council of State appraisal Council or agency is tasked with the task of appraisal of the project, the national important work (not including the cost of the appraisal stated in Clause 1). The cost of the appraisal includes a subsection for members of the State appraisal Council, the interdisciplinary appraisal and other (if available); meeting costs, stationing, field surveys (if any), other costs associated, cost, and more. All right.

3. The cost of the inquiry and the appraisal of projects, the national important work is calculated as follows:

a) The extent of the cost of the Feasibility Study Report (Investment Report) is calculated as the cost of the Feasibility Study Report (Project Building Investment Project).

b) In the case of the establishment of the state appraisal Council, the appraisal costs are calculated by 20% of the cost of judges to a;

c) In the absence of a state appraisal Council, the cost of the appraisal is calculated by 15% of the cost of the appraisal costs.

4. The cost of appraisal and hiring consulting on projects, national important work is calculated in the total project investment and is paid by the investment holder at the request of the World Council. Move. The state or agency is assigned the task of appraisal.

5. The cost of the appraisal and the project, the national important work. The owner moved into account at the request of the Board. All right Whether or not the state or agency is assigned to the task. Move. I intend, to ensure the progress of the appraisal, the project, and the planning of national importance as planned.

6. The state appraisal council or agency that is assigned the appraisal is responsible for payment of the examination costs to the inquisitor consultation. ps has been signed; at the same time consider the decision of the settlement to the Council members, the experts and other expenses, ensuring the appraisal of the Council or of the agency is assigned the task of appraisal.

Chapter V.

PROFILE, PROJECT APPRAISAL PROCEDURE, NATIONAL IMPORTANT WORK

Fuck! i Fifteen. Profile, project appraisal procedure, new national important work

1. Appellate profile:

a) The program of the investment host agency or of the owner of the investment in the case of a personal project or organization outside the state;

b) A feasibility study report or a feasibility study report (Investment Reporting or Building Investment Project);

c) The other document is relevant.

2. Number of specified number of files: 20 sets.

3. Filing time: The delay is 180 days, before the National Assembly Government pursues (the other case is decided by the Prime Minister), the investment employer or the investment holder (in the case of a personal project or organization outside the state). to submit a project appraisal of the project, the national importance process to the permanent body of the state appraisal Council (Ministry of Planning and Investment) to organize the appraisal.

4. Parliamentary Government filing by regulation at Article 5 of the number of resolutions 49 /2010/QH12.

Fuck! i Sixteen. The case, the procedure for regulating the project, the national important work.

1. Appellate Profile Shit. Include:

a) The program of the investment management agency or of the investment holder in the case of a personal or t project. socket In addition to the state;

b) The feasibility study report (Project Building Investment Project) was approved and the Research Feasibility Study Report;

c) The monitoring report, which reviews the investment project;

d) The other document is relevant.

2. Number of specified number of files: 20 sets.

3. Filing time: The delay is 180 days, before the National Assembly itself follows regulation (h). p is also decided by the Prime Minister), the investment owner or investment owner (in the case of h) p the project of the individual or organization outside the state) sends the pool s Uh ... Project adjustment appraisal, publication What? National importance to the agency is tasked with the appraisal of the appraisal.

4. Government Profile to The National Assembly consists of:

a) The Government 's or the agency' s program is reporting by the Government;

b) The feasibility study report (Project Building Investment Project) was approved and the Research Feasibility Study Report;

c) o the supervisor, review the investment project;

d) The appraisal report adjuts the agency ' s project to be assigned to the appraisal task;

Other documents are related.

Chapter VI

EXECUTION CLAUSE

Fuck! i Seventeen. Performance Performance

This decree has been in effect since 20 February of February 2. 0 13. The previous provisions of the Government contrary to Parliament Shit. All right, this is all dismissed.

What? 18. i Action.

Ministers, brew chief of q U Equal to the Ministry, Exposition in Organs. of Government, Chairman. Proxy The population of the provinces, the Central City, and the organizations, the individual responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung