CIRCULAR guide on assessment, evaluation of investment projects; modify, supplement a few points about the profile project appraisal, investment reports and total investment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 19/2003/ND-CP on January 30, 2003 by the Government (known as the NĐ07/CP) on the additional amendment of some articles of Decree No. 51/1999/ND-CP dated 8 July 1999 from the Government about issuing of investment management regulation and building (NĐ52/CP) and Decree No. 12/2000/ND-CP on 5 May 2000 by the Government on the amendments added some articles of Decree No. 52/CP (NĐ12);
 Pursuant to Decree No. 63/CP dated 6 June 2003 of the Government functions, tasks, powers and organization of the Ministry of planning and investment; The Ministry of planning and investment issued circulars about assessment, evaluation of investment projects; modify, supplement a few points about the profile project appraisal, investment reports and total investment as follows: i. GENERAL PROVISIONS on the OBJECT and SCOPE of APPLICATION 1. About objects: this circular guides the work of investigation, evaluation of investment projects in accordance with the regulations of investment and building attached to the ND 52/CP, ND 12/CP and ND 7/CP of the Government, namely:-The investment group A need to establish feasibility study report (NCTKT) as a rule must be Prime The Government review, through NCTKT and report allows investment.
-The project of Group A in an NCTKT reporting is not needed, be allowed to immediately report a feasibility study (NCKT) must implement the Prime Minister's undertaking to invest.
-The project of Group A after the prime investment and allows the project to group B, C must perform due diligence before deciding to invest.
2. Scope Of application: 2.1. The national important project is the National Assembly decided to investment undertakings by the Council of State assessment of the investment project appraisal organization the prime investment decisions made under the provisions of its own Prime Minister.
2.2. The investment project of Vietnam representative offices in foreign countries, the project may require security in the Privy, Defense projects, buy copyrights are held by the decision of the assessment the Prime Minister on the basis of suggestions and recommendations of the project.
2.3. The projects of the Group A have use of ODA be held due diligence as defined in paragraph 3-article 18 of Decree No. 17/2001/ND-CP dated 10 May 2001 from the Government about issuing regulations and use of official development assistance resources (hereinafter referred to as the Decree 18/CP) and the Prime Minister's decision.
2.4. The domestic investment project according to the method of construction contract-business-transfer (B.O.) implementation evaluation according to the regulations in the form of BOT investment in water attached to the Decree 77/CP dated 18 June 1997 from the Government.
II. Through The REPORT NCTKT, Which ALLOWS The INVESTMENT Of 1. The project needs and the Prime Minister through the NCTKT reports and allows for investment: a) the projects must NCTKT reporting under the provisions of paragraph 4, article 1 of the Decree 7/CP, including:-A group of projects not yet in development planning, social-economic development of the industry approved building plans; or not yet have written investment policy decision of the authority;
-The project group B when needed to set the report NCTKT, the Authority decided to invest decide NCTKT reports.
b) following Group A projects not reporting NCTKT, be allowed to immediately report NCKT: the project has 1 in 3 types of planning approved (projecting industry development, the overall planning of the economic and social development planning, construction) and the opinion of the competent authorities to approve the remaining master plan.
2. The procedure adopted the report NCTKT:-Group A projects need reporting NCTKT in accordance to the prime consideration, through and allows the investment.
-Group A project owner or authorized person (for the project does not yet have the condition determine the owner) is responsible for the establishment and the Prime NCTKT report profile, sending industry Manager, Ministry of planning and investment, Ministry of finance, the Ministry of construction (for the project to be built) The provincial PEOPLE'S COMMITTEE, where project implementation report comments to the Prime Minister on issues related to the project in function, the task of governance.
-The project group B NCTKT reporting needs, the Authority decided to review investments, through NCTKT report, allowing reporting NCKT. The owner is responsible for set up and the person who has the authority to decide the investment profile report NCTKT to look through.
3. Prime the profile through the NCTKT report and allow investment: Prime process records through NCTKT report and allows the investment include:-Prime the Sheet of the investor or of the authorized person (for the project does not yet have the condition determine the owner) suggested through NCTKT report and allow investment to accompany Report NCTKT report of the project;
NCTKT report of the content of the project according to the provisions of article 23 of the Decree 52/CP materialized consistent with technical-economic sector.
-The text has legal value to confirm the legal personality of the owner;
-The expected approach of project financing; If the owner is the business need to have preliminary report about the financial capacity of the client.
-The legal documents relating to land use and location of the project and other legal texts.
4. The time limit for the review of records of State agencies and through NCTKT report:-within 30 working days, industry Manager, Ministry of planning and investment and the Ministry of Finance has written comments on the project to send the Prime Minister to review the decision basis through feasibility research report , allowing the investment.
-The time limit for the Prime Minister to review the decision to work through the feasibility research report and allows the investment provisions in the Government's work regulations attached to Decree No. 23/2003/ND-CP dated 12 March 2003 from the Government.
III. ASSESSMENT, EVALUATION Of INVESTMENT PROJECT 1. Project assessment process the Prime excuse for: 1.1. The projects of Group A are allowed to immediately report NCKT, no NCTKT reports must be verified to the Prime Minister for allowing the investment before the appraisal and investment decisions.
The project is not verified to ask permission for:-the project groups B and C;
-A group of projects has been the Prime through NCTKT report and allows the investment.
1.2. The organization verifies the project group A State management agency implementation, the prime consideration, allowing investment regulations as follows: – for projects using the State budget: Ministers, heads of ministerial agencies, government agencies, the financial administration of the Central Party the central organ, of the social-political organization is defined in the law on the State budget (hereinafter referred to as the Secretary), Chairman of the provincial people's Committee had A group of investment projects and the Organization of the Prime Minister for permission to invest.
-For the use of credit capital project investment development of credit capital, State by State guarantees, investment enterprise development and other capital sources: Ministry of industry managers, the people's Committee of the Organization of the project assessment in business management and process the Prime Minister for permission to invest.

-Business projects of infrastructure, Industrial Zones, export processing zones, high-tech zones under the provisions of Decree 35/CP dated 24 April 1997 by the Government on the regulation of industrial zones, export processing zones, high-tech Zone by the Ministry of planning and investment, the Organization verifies the Prime allows established and allows for investment.
-With regard to the use of capital investment projects of enterprises operating under the enterprise law register established in a locality but have investment projects in a local provincial PEOPLE'S COMMITTEE where other projects investment organizing assessment report NCKT and the Prime Minister for permission to invest.
1.3. Profile assessment, please allow the investment group A project including:-sheets of the prime investment permission attached NCKT report of the project and report the permission of the owner.
NCKT report of the project was created to match the content of the provisions in article 24 of the Decree 52/CP and materialized with suitable technical-economic sector.
-Please report allows investment of the investor are stipulated as follows: + for the projects using the State budget, the report content please enable investments as defined in clause 4, Điều1, Decree 16/CP;
+ For the use of credit capital project investment development of credit capital, State by State guarantee, please report content allows investing as prescribed in clause 4, article 1, Decree 16/CP (minus the text taking the opinions of the ministries, relevant local);
+ For the project using the investment business development and other capital sources, please report content allows the investment referred to in paragraph 4, article 1, Decree 16/CP (excluding the content of technology projects, financial capacity, the efficiency of investment projects and documents involved comments from The , local branches are related).
-The text has legal value to confirm the legal personality of the owner: decided to set up (for the administrative unit, career); Business registration certificate (for business).
-Certificate about the possibility of mobilizing the resources of the project; for enterprises that have operations need to have financial statements certified by the auditing organization in the most recent two years (for enterprises operating on 2 years), or year (for active business not enough 2 years).
-Text related to the location and use of the land: the land use right certificate (for the project owner had the land use right certificate) or the text introduces location, land rental agreement of the competent authority (for the project owner does not yet have certificates of land use);
-Other necessary documents: + planning documents;
+ The text of agreement on compensation, the overall approach of resettlement (for projects that require relocation);
+ The agreements, contracts, agreements, other text about the issues involved;
1.4. content needs verification and assessment reporting to investment: a) content needs assessment project: – for projects using the State budget, the credit capital investment and development of credit capital, State by State guarantees, undertaking NCKT report content based on the content of the report the investment permission prescribed in clause 4 , Article 1 of Decree 7/CP. – for projects using the capital growth of the business and the other content capital needs assessment including: + the fit of the project with the planning of social-economic development, industry development planning, building planning was approved by the authority;
+ Modes of exploitation and use of national resources, foremost was the use of the land;
+ Effects of the project;
+ The incentives, the State's support for the project;
+ Project duration;
+ Ability to implement investment projects;
+ The influence on environment, ecology, safety, fire prevention, resettlement, security and defense.
b) project assessment process the Prime Minister for permission to invest: the competent authorities organize project assessment and reporting please allow the prime investment. Project assessment and approval of investment was established according to the content of the provisions of paragraph 4, article 1, Decree 16/CP on the basis of:-review, reviews the legality, completeness and level of NCKT the report content please enable investments;
-General comments of the agencies involved;
-The remarks and recommendations of the assessment organization Agency for the project.
1.5. The organization and project assessment process the Prime Minister for permission to invest: a) the owner has the responsibility to organize reporting NCKT send project assessment to the competent bodies to organize interrogation reports the Prime Minister. The owner is responsible for the legality, accuracy, truthfulness and completeness of the records.
The number of records is 10. In case of need for additional verification, the Agency will ask the owner to send more.
b) Organization Assessment Agency is responsible for applying to The management of the sector, the Ministry of planning and investment, the Ministry of construction (for the project to be built), the Ministry of finance and other ministries, local project-related opinions.
On the basis of the content of the records, the agency sent the records retrieved comments focused comments and reviews about the problems in his mission, function, the written comments submitted to the agency assessment of the project and responsible for the comments.
c) on the basis of the review of the project, the opinions of the ministries and relevant agencies, local organizations are responsible for verification, assessment reports submitted by the Prime Minister. Organizational assessment agency responsible for the content and the results verified.
With regard to the project group A capital investment by local budget, before the Prime Minister to consider allowing the Agency, investment project assessment must take the opinions of the people's Council about some of the content of the project and publicized on mass media.
In case of need the folding project implementation, project assessment agencies are opinion people's Council to report to the people's Council in the most recent session and announced publicly before the Prime Minister.
The enclosed assessment sent the Prime Minister must have a copy of the opinion of the Ministry, local branches concerned, the opinions of the people's Council or the people's Council.
1.6. Time limit and allows the investment:-within 3 working days from the date of receipt of a valid application, the agency responsible for inspection organizations submit projects to the ministries, relevant to local opinions.
-Within 15 working days from the date of the application, the ministries and local responsibility to contribute to the written comments submitted to the agency assessment organization.
-The requested additional explanation for the project was done within 20 working days from the date the Agency received verification organization project profile.
-Within 30 working days from receipt of valid records (not counting the waiting time additional explanation text) the verification organization agency Prime assessment and permission to invest.
-The time limit for the Prime Minister to review the decision allowing the investment provisions in the Government's work regulations attached to Decree No. 23/2003/ND-CP dated 12 March 2003 from the Government.
2. Project appraisal for investment decision 2.1. The use of capital investment projects in the State budget, the credit capital by State guarantees, credit capital investment and development of the State and capital investment by the State-enterprises must organize due diligence before approving investment decisions.

The project uses a different capital sources, the Authority decided to invest decide the Organization of project appraisal.
The Organization of the evaluation of A group of projects to be made after the Prime Minister was allowed to invest.
The Group B project is not yet in the planning profession, to have opinions agree in writing of the authority approved a new master plan eligibility, appraisal for investment decision.
2.2. Who has the authority to decide who is responsible for investment project appraisal organization before deciding to invest.
2.3. Profile to appraise investment projects include: a) for Group A project:-the Sheet of the owner to send the competent authority of investment decisions (for those non-owner auto project appraisal and approval) NCKT report of the project was completed after Prime allows the investment.
-Project assessment records and reports of the Agency verifies the permission, the prime investment;
-Text allows the investment of Prime;
-The Organization's appraisal comments for loans (for loan projects) on financial schemes, repayment plan, approved regarding the loan;
-The text and figures updated on clearance compensation, the overall approach of resettlement (for projects that require relocation);
For the project were the Prime through NCTKT report, need some additional text not yet in your profile via the NCTKT report as: text verification of ability to mobilize the resources of the project; Financial statements certified by the auditing organization in the most recent two years (for the business has operated on two years) or year (for active business not enough 2 years); The text of the agreement on compensation for clearance, the overall approach of resettlement (for projects that require relocation); The agreements, contracts, agreements, other text about the related problems; ... b) for Group B and C projects:-the Sheet of the investor sends the competent authorities decided to invest (with respect to the project owner not self hosted evaluation and investment decisions) accompanied by the report NCKT the project.
Feasibility study report was created to match the content of the provisions of article 24 of the Decree 52/CP and materialized with suitable technical-economic sector.
-Text through the NCTKT report of who has the authority to decide on investment (for projects in the Group B NCTKT reporting);
-The text has legal value to confirm the legal personality of the owner: decided to set up (for the administrative unit, career); Business registration certificate (for business).
-The text confirms the ability to mobilize the resources of the project; Financial statements certified by the auditing organization in the most recent two years (for the business has operated on two years) or year (for business operations not sufficient 2 years).
-The Organization's appraisal comments for loans (for loan projects) on financial schemes, repayment plan, approved regarding the loan; recommended project management method for project use many different sources of capital;
-Other necessary documents: + planning documents;
+ Land use right certificates (for the project owner had the land use right certificate) or the text introduces location, land rental agreement of the competent authority (for the project owner does not yet have certificates of land use);
+ The text of agreement on compensating clearance, resettlement schemes (for projects with resettlement request) + the agreements, contracts, agreements, other documents related to the project;
2.4. content needs to project appraisal and evaluation report: a) content should appraise the project made under the provisions of article 27 of the Decree 52/CP. b) the content of the evaluation report organization assessment agencies refer to the appendix to this circular.
2.5. project appraisal organization to investment decisions: a) General provisions on project appraisal organization: competent person decided to use professional body affiliated to the project evaluation capacity and could invite specialized agencies of the Ministry, other related disciplines consulting organizations or qualified experts participated in project appraisal. The Agency participated in due diligence, consulting organizations and consultants to be the Agency, individuals do not participate in projects.
Consulting organizations must ensure the conditions, the capacity specified by the Ministry of construction and be responsible before the law and the owner of the content has been committed in the contract, especially the economic-technical content was determined in consulting and product responsibility for the consequences of these errors has concluded in its evaluation report.
b) organized the appraisal and approval of investment projects:-for projects using funds from the State budget due to the ministries, government agencies, the financial administration of the Central Party, the central organ of the social-political organization management, Ministers, heads a part of doing evaluation organization clue. Organizational evaluation agencies are responsible for obtaining the opinion of the Agency, the Unit related to the content evaluation, General comments the report the Minister, heads the agency decision or investment decision authorization under regulations.
-For projects using funds from the State budget by the provincial PEOPLE'S COMMITTEE, the provincial traffic management planning and investment appraisals organization clue. The Department of planning and investment has responsibility for obtaining the opinion of the Department of finance, Department of building (for the project to be built) and related agencies to assess content, General comments reported Chairman decided or authorized investment decisions according to the rules.
-For projects of State-owned enterprises using capital investment credit development of credit capital, State by State guarantees, investment enterprise development and other capital sources, the Organization of the evaluation of the project are specified as follows: + investment projects of enterprises subordinated to the State Corporation by the Chairman of the Management Board Of Companies House the country held the appraisal and approval or authorization for organizational business appraisal and approval (for Group B and C projects).
+ Investment projects by the State Corporation directly invested by the Chair of the Board Of the company organizing the appraisal and approval.
+ Investment projects of enterprises of independence (not corporations) by the Chair of the Board of the Organization business appraisal, approval (for business for the Board) or by the Director General or Director of the Organization business appraisal, approval (for businesses that do not have the Board).
-The project of district level, to set up investment reports and approval under the provisions of Point 4, article 1 Paragraph e of Decree 7/CP. 2.6. The time limit for evaluation of feasibility study report made under the provisions of article 29 of Decree 52/CP. 3. Some other provisions of the profile assessment, evaluation of investment project

The provisions of article 24 of the Decree 52/CP on the content of the feasibility study report and the provisions of article 27 of the Decree 52/CP on the content of investment project appraisal is the General provisions for all types of projects. To suit every technical-economic sector, on the basis of general rules in articles 24 and 27 above, the Ministry of industry management should draft report content guides feasibility studies, project evaluation content specifically tailored to the requirements of the industry and United with the Ministry of planning and investment to issued in July 2003.
IV. AMENDMENTS and supplements to SOME PROVISIONS on PROJECT APPRAISAL RECORDS, reports and INVESTMENT TOTAL INVESTMENT 4.1. Modify the profile proposed rules on the evaluation report NCTKT and records suggest that the evaluation report NCKT: rules of the record Prime through feasibility research report, allowing the evaluation profile and investment feasibility study report of this circular replaces to the provisions on records suggest that the evaluation study report competition and records suggest that evaluation feasibility study report specified in section II of the circular No. 12/1999/TT-BKH, on 24 November 1999 of the Ministry of planning and investment guide for the content total investment, record investment project appraisal and investment reports (hereinafter referred to as the circular No. 12/1999/TT-BKH) and in section II of circular No. 7/2000 TT-BKH on July 3, 2000 of the Ministry of planning and investment guide to modifying, supplementing some of the content of the circular No. 12/1999/TT-BKH (hereinafter referred to as the circular No. 7/2000/TT-BKH).
4.2. reporting rules modifications: Points 3.1-section III (the project just created investment report) specified in circular No. 11/2000/TT-BKH on 11 September 2000 of the Ministry of planning and investment on the revised guide, added some content of circular No. 12/1999/TT-BKH, on 24 November 1999 of the Ministry of planning and investment to date was revised in accordance with the provisions of Decree No. 12/CP are the following: the project just created investment report include:-the project has a small investment (under 3 billion); the repair project, which uses the maintenance;
-Social infrastructure projects on small scale (project group C specified in section 4, part III of the annex classified projects of investment management regulation and building attached to Decree No. 12/CP) using capital budget (not business purposes) consistent with the master plan economic development plans – society and are competent to decide the investment policy.
-The investment project procurement of machinery, equipment, menu the Ministry of planning and investment will further instructions after comments with the relevant Ministry.
4.3. Amendments and supplements: 1. Total investment costs for preparing the bid specified in circular No. 7/2000/TT-BKH on 3 July 2000 the Ministry of planning and investment to be amended and supplemented as follows:-the cost of preparing tenders: + establishment costs to recruit, organize and selected reviews for applicants;
+ Costs up tender;
+ Cost of tender notice in accordance with the law.
2. Added to the total cost specified in point 1.2 of the circular No. 12/1999/TT-BKH, on 24 November 1999 of the Ministry of planning and investment are as follows:-added to point b (which had prepared the project) cost: item creation, appraisal report of environmental impact assessment.
-Additional item m/costs of monitoring, evaluation and project appraisal cost items moved approval of the settlement from the m/n/.
This circular has the effect after 15 days from the Post Gazette. In the process if there are problems, the need for additional, modified to suggest the ministries, local and relevant units to submit comments to the Ministry of planning and investment to timely review, complete supplement.
APPENDIX (together with circular No. 04/2003/TT-BKH on 17th June 2003 EVALUATION REPORT CONTENT (Agency's project appraisal process of the organization who has the authority to decide investment)-legal and procedure of the approval evaluation profile;-summary of the main content of the project by the investor process;-summary of the opinion of the Agency participate in evaluation Agency, or expert appraisal (if available);
-The reviews, reviews about computer correctly of the data, arguments, procedures, standards and construction calculations, conclusions and proposals in each of the content of the project include: + investment objective and consistent with the master plan was approved by the authorized duyêt;
+ Location, land use;
+ Technology, capacity design, architectural plans, engineering standards and works;
+ Mining projects, using raw, materials, resources (if any);
+ Environmental protection projects, clearance compensation and relocation (if available);
+ Total investment capital, investment capital, the ability to mobilize capital, reasonableness, legitimate in the mobilization and use of capital;
+ The + project method construction and the progress of the project.
-Overall assessment of the effectiveness of social-economic and financial efficiency, the feasibility of the project;
-The existence of feasibility research report and user handling, processing measures, responsibility and the time limit for disposal of the owner, of the departments concerned;
-The specific recommendations.