Chương III Luật đầu tư công 2014: Lập, thẩm định, phê duyệt và giao kế hoạch đầu tư công

Chapter III

FORMULATION, ASSESSMENT, APPROVAL AND ASSIGNMENT OF PLANS FOR PUBLIC INVESTMENT

Section 1: GENERAL PROVISIONS

Article 49. Classification of plans for public investment

1. The plans for public investment that are classified according to time limit include:

a) Medium-term plans for public investment that are formulated for 05 years and conformable with the 5-year-plans for socio-economic development ;

a) Annual plans that are used for implementing the medium-term plans, balancing annual capital budget for public investment and conformable with the targets of the annual plans for socio-economic development.

2. The plans for public investment that are classified according to decentralization include:

c) National plans for public investment;

b) Plans for public investment of Ministries and central authorities;

b) Plans for public investment of local authorities.

3. The plans for public investment that are classified according capital sources include:

a) Investment plans funded by central budget, including investment in sectors and fields of Ministries, central authorities, central authorities of Vietnamese Fatherland Front, socio-political organizations, and other organizations and the projects on public investment funded by central budget for Ministries, regulatory authorities and local authorities;

b) Investment plans financed by local revenues from the State budget;

c) Investment plans financed by revenues which are retained but not recorded in the State budget balance;

d) Investment plans financed by funds derived from Government bonds;

dd) Investment plan financed by loan capital from the State;

e) Investment plans financed by funds derived from municipal bonds and other loan capital from the local budget;

g) Investment plans financed by funds derived from ODA and overseas concessional loans.

Article 50. Bases for formulation of annual and medium-term plans for public investment

1. Bases for formulation of a medium-term plan for public investment are:

a) The implementation of the 5-year-plan for socio-economic development and the medium-term plan for public investment in the previous stage and the result of such implementation;

b) The socio-economic development strategy, the 5-year-plans for socio-economic development of Vietnam, sector, field and province; national debt strategy; priorities in the 5-year-investment plan of Vietnam, sector, field and province

c) The approved sectoral development planning and other relevant plans;

d) Requirements and prediction about the mobilization of the investment sources for construction of socio-economic infrastructure; ability to balance the capital from the State budget, capital from Government bonds, capital generated from revenues which are retained but not recorded in the State budget balance;

dd) Prediction about the effects of the national and international issues on the development and mobilization of the investment capital sources;

e) Policies to attract the investment capital from the economic sectors to construct the socio-economic infrastructure.

2. Bases for formulation of an annual plan for public investment are:

a) The implementation of the plan for socio-economic development of Vietnam, sector, field and province and the result of such development; result of the implementation of the plan for public investment in the previous year;

b) Annual plan for socio-economic development;

c) Medium-term plan for public investment; emergency tasks that are not specified in the medium-term plan for public investment;

d) Requirements and ability to balance the capital sources to construct the socio-economic infrastructure in the plan year.

Article 51. Principles to formulate annual and medium-term plans for public investment

1. Such plans must conform to the targets of the socio-economic development strategy, annual or 5-year-plans for socio-economic development of Vietnam, sectors, fields, provinces and approved planning.

2. Such plans must conform to the ability to balance the capital budget for public investment and attract the capital from other economic sectors; secure the government debt.

3. The allocation of capital budget for public investment must comply with the principles, criteria, limit in each stage, which is approved by the competent authorities.

4. The capital shall be preferably allocated to the sectors, fields and provinces according to the targets and orientation to the development in each stage.

5. The transparency, impartiality and equality must be ensured.

6. There must be consistent management of targets and policies; division in management of investment under the regulations of the law to give more autonomy to the Ministries, regulatory authorities and local authorities and enhance the investment effectiveness.

7. Each annual plan for public investment must conform to the approved medium-term plan for public investment.

Article 52. Contents of a report on medium plan for public investment submitted to competent authorities for approval

1. The implementation and result of the implementation of the investment plan in the previous stage.

2. Targets for socio-economic development; targets and orientation toward medium-term investment.

3. Ability to mobilize and balance capital, the budget estimate to achieve the targets and perform the tasks in the socio-economic development, sectors and fields in the medium term, including the capital used for preparing investment, running the project, reimbursing the advance and repaying the loan capital from the local budget.

4. Principles and criteria of allocation of capital of medium-term plan for public investment.

5. The order of priority, list of projects and the capital allocated to each project in the medium term which is conformable to the ability to balance the capital budget for public investment and the ability to mobilize the capital from other sources to achieve the targets, perform the tasks and follow the orientation towards 05-year-plan for socio-economic development.

6. Methods of implementation and estimated result.

Article 53. Contents of a report on annual plan for public investment submitted to competent authorities for approval

1. The implementation of the plan for public investment in the previous year.

2. Orientation towards public investment in the plan year.

3. Ability to mobilize and balance the capital sources in the plan year.

4. List of projects and the specific amount of capital allocated to each project that is conformable to the list of projects of the medium-term plan for public investment and the ability to balance the annual capital sources.

5. The methods of management, implementation and estimated result.

Article 54. Principles to allocate capital of annual and medium-term plans for public investment to programs and projects

1. The programs and projects that do not belong to public investment shall not be allocated capital in order to achieve the targets, orientation towards strategy and plan for socio-economic development and approved planning.

2. The capital allocation must comply with the principles, criteria and limit that are regulated by the competent authorities.

3. The capital budget for public investment shall be preferably allocated to finish and accelerate the process of the national programs and projects, major programs and projects that significantly affect the socio-economic development of Vietnam and authorities.

4. The capital shall be allocated according to the order of priority as follows:

a) The projects that are finished and used having insufficient capital; projects that shall be completed on schedule; reciprocal capital for the projects using ODA and overseas concessional loans; capital from the Stage engaged in the projects following the method of Public-Private Partnerships;

b) The projects that are transferred to be carried out according to the approved rate of progress;

c) New projects satisfying the requirements prescribed in Clause 5 this Article.

5. The capital shall be allocated to the new programs and projects must satisfy these requirements:

a) The programs and projects are necessary and eligible to be allocated capital in accordance with the regulations in Article 55 and Article 56 of this Law;

b) The capital has been allocated to repay the outstanding debts arising from infrastructural construction in accordance with the regulations in Clause 2 Article 106 of this Law;

c) Sufficient amount of capital shall be allocated to finish the programs and projects on schedule.

6. The Government shall decide the rate of the reserve capital in the medium-term plans for public investment to deal with the problems occurring during the implementation of the medium-term plans for public investment.

Article 55. Requirements for programs and projects eligible for allocation of capital in medium-term plans for public investment

1. The competent authorities have decided the investment policies.

2. The capital sources and ability to balance the capital to run the programs and projects must be specified.

3. The programs and projects must comply with the regulations of the law on principles and criteria of allocation of capital budget for public investment.

Article 56. Requirements for programs and projects eligible for allocation of capital in annual term plans for public investment

1. The programs and projects must be in the list of medium-term plans for public investment, except for the emergency projects prescribed in Clause 1 and Clause 3 Article 33 of this Law.

2. The programs and projects are approved by the competent authorities.

3. The International Agreement on ODA and concessional loans is concluded regarding the programs and projects using the ODA and overseas concessional loans.

4. The new projects shall be allocated capital after the procedures for investment are completed under the regulations of the Government.

Article 57. Capital for investment preparation and implementation of projects in annual and medium-term plans for public investment

1. The capital for investment preparation shall be used for:

a) establishing, assessing and deciding the investment policies on the projects;

a) establishing, assessing and deciding the investment in the projects.

2. The capital for implementation of projects shall be used for clearing site, producing technical design, producing construction design, making project estimate or the items of the projects and running the finished projects having insufficient capital, projects scheduled to be completed, projects in process and new projects.

3. The capital for investment preparation and implementation of projects shall be balanced under the regulations of the Government.

Article 58. Procedures for formulation and assessment of medium-term plans for public investment

1. The Prime Minister shall promulgate the regulations on the formulation of the medium-term plan for public investment for the next stage including targets, orientation and assignment of the formulation of the medium-term plan for public investment according to the targets, orientation and the 05-year-plan for socio-economic development before the March 31 in the fourth year of the medium-term plan for public investment in the previous stage.

2. The Ministry of Planning and Investment shall provide instructions on targets, requirements, contents, deadline and process of the medium-term plan in the next stage for the Ministries, regulatory authorities and local authorities prior to May 15 in the fourth year in the previous stage.

3. According to the regulations promulgated by the Prime Minister and instructions provided by the Ministry of Planning and Investment, the Ministries, central authorities, central authorities of Vietnamese Fatherland Front, socio-political organizations and other organizations shall:

a) designate the regulatory authorities in charge of investment to provide instructions on the formulation of the medium-term plan for public investment;

b) designate the affiliated units to use capital budget for public investment to formulate the medium-term plan for public investment in the next stage within their competence and send a report to the superior authorities for consideration before September 15 in the fourth year of the medium-term plan for public investment in the previous stage and send the plan to the regulatory authorities in charge of investment before October 15 in the fourth year of the medium-term plan for public investment in the previous stage;

c) designate the regulatory authorities in charge of investment to assess the medium-term plan for public investment in the next stage before November 15 in the fourth year of the medium-term plan for public investment in the previous stage;

d) designate the regulatory authorities in charge of investment to formulate the medium-term plan for public investment, send it to the competent authorities for consideration and send it to the Ministry of Planning and Investment and the Ministry of Finance before December 31 in the fourth year of the medium-term plan for public investment in the previous stage.

4. According to the regulations promulgated by the Prime Minister and instructions provided by the Ministry of Planning and Investment and the People’s Committees of provinces:

a) instruct the local authorities and units to formulate the medium-term plan for public investment in the next stage before June 15 in the fourth year of the medium-term plan for public investment in the previous stage.

b) designate the units using the capital budget for public investment to formulate and assess the medium-term plan for public investment in the previous stage within their competence, send a report to the superior authorities for consideration before September 15 in the fourth year of the medium-term plan for public investment in the previous stage and send the plan to the provincial Departments of Planning and Investment before October 15 in the fourth year of the medium-term plan for public investment in the previous stage;

c) conduct assessment or designate the provincial Departments of Planning and Investment to conduct assessment of the medium-term plans for public investment of provincial departments, divisions and units before November 15 in the fourth year of the medium-term plans for public investment in the previous stage;

d) designate the provincial Departments of Planning and Investment to formulate the provincial medium-term plans for public investment and send them to the People’s Committees of provinces before November 30 in the fourth year of the medium-term plan for public investment in the previous stage;

dd) request the People’s Councils of provinces to give opinions about the medium-term plans for public investment in the next stage including the specific list of projects using capital budget for public investment and allocated rate of each project;

e) complete the medium-term plan for public investment and send it to the Ministry of Planning and Investment and the Ministry of Finance before December 31 in the fourth year of the medium-term plan for public investment in the previous stage.

5. The People’s Committees of districts shall conduct assessment or designate the regulatory authorities in charge of investment to assess their medium-term plans for public investment , request the People’s Councils of districts to give opinions and send them to the People’s Committees of provinces in accordance to the regulations in Clause 4 this Article.

6. The Ministry of Finance shall take charge and cooperate with the Ministry of Planning and Investment in making the Stage budget estimate in the next stage; determining the ability to mobilize the capital from Government bonds before January 31 in the fifth year of the medium-term plan for public investment in the previous stage.

7. From February 01 to April 30 in the fifth year of the medium-term plans for public investment in the previous stage, the Ministry of Planning and Investment shall take charge of assessing such plans and the plan for capital allocation including:

a) Medium-term plans for public investment financed by funds derived from the State budget, Government bonds, loan capital from the State, ODA and overseas concessional loans, revenues which are retained but not recorded in the State budget balance of the Ministries, central authorities, central authorities of Vietnamese Fatherland Front, socio-political organizations and other organizations;

b) Medium-term plans for investment financed by funds derived from central budget, Government bonds, ODA and overseas concessional loans of the People’s Committees of provinces.

8. After receiving the result of assessment conducted by the Ministry of Planning and Investment, the People’s Committee of province shall:

a) designate the People’s Committee of district to complete the its medium-term plan for public investment, request the People’s Council of district to give opinions and send it to the People’s Committee of province before May 31 in the fifth year of the medium-term plan for public investment in the previous stage;

b) designate the provincial Department of Planning and Investment to complete its medium-term plan for public investment, request the People’s Committee of province to send it to People’s Council of province before June 15 in the fifth year of the medium-term plan for public investment in the previous stage;

e) complete the medium-term plan for public investment in the next stage and send it to the Ministry of Planning and Investment and the Ministry of Finance before June 30 in the fifth year of the medium-term plan for public investment in the previous stage.

9. After receiving the assessment result of the Ministry of Planning and Investment, every Ministry, central authority, authority of Vietnamese Fatherland Front, socio-political organization and other organization shall complete the medium-term plan for public investment in the next stage and send it to the Ministry of Planning and Investment and the Ministry of Finance before June 30 in the fifth year of the medium-term plan for public investment in the previous stage.

10. The Ministry of Planning and Investment shall report the medium-term plans for public investment before July 31 in the fifth year of the medium-term plan for public investment in the previous stage.

Article 59. Procedures for formulation and assessment of annual plans for public investment

1. The Prime Minister shall provide regulations on the formulation of the plan for socio-economic development and state budget estimates in the next year including targets, orientation and assignment to formulate the plan for public investment in the next year before May 15 each year.

2. The Ministry of Planning and Investment shall provide instructions on the plan for socio-economic development, targets, requirements, contents, deadline and process of formulation of plan for public investment in the next year before June 15 each year.

3. Every Ministry, regulatory authority and local authority shall instruct their inferior units to formulate the plan for public investment in the next year before June 30 each year.

4. Every regulatory authority in charge of investment, the provincial Departments of Planning and Investment shall formulate, assess and summarize the plans for public investment for the next year within their competence and send a report to the People’s Committees at the same level before July 20 each year.

5. The People’s Committee shall request the People’s Council at the same level to approve the draft of the plan for public investment for the next year including the list of projects and allocated rate for each project according to each capital source and send the approved draft of the plan to the inferior authority before July 25 each year.

6. Every Ministry, regulatory authority and local authority shall complete the plan for public investment for the next year and send it to the Ministry of Planning and Investment and the Ministry of Finance before July 31 each year.

7. The Ministry of Finance shall take charge and cooperate with the Ministry of Planning and Investment in estimating the receipts and expenditures using the State budget and investment from the State budget, and issuing Government bonds for the plan in the next year before August 15 each year.

8. The Ministry of Planning and Investment shall take charge of assessing the plan for public investment for the next year and plan to allocate capital including:

a) Capital from the State budget, capital from Government bonds, loan capital from the State, ODA and overseas concessional loans of the Ministries, regulatory authorities and local authorities;

b) Capital generated from revenues which are retained but not recorded in the state budget balance of the Ministries, central authorities, central authorities of Vietnamese Fatherland Front, socio-political organizations and other organizations.

9. After receiving the assessment result of the Ministry of Planning and Investment, every Ministry, regulatory authority and local authority shall complete the plan for public investment for the next year and send it to the Ministry of Planning and Investment and the Ministry of Finance before September 10 each year.

10. The Ministry of Planning and Investment shall summarize the national plan for public investment for the next year and report that to the Government before September 20 each year.

11. The procedures for formulation and assessment of annual plans for public investment shall be administered by the authorities of districts under the regulations of the Government.

Section 2: FORMULATION, ASSESSMENT, APPROVAL AND ASSIGNMENT OF INVESTMENT PLANS FINANCED BY FUNDS DERIVED FROM STATE BUDGET, GOVERNMENT BONDS, MUNICIPAL BONDS, REVENUES WHICH ARE RETAINED BUT NOT RECORDED IN STATE BUDGET BALANCE AND LOAN CAPITAL FROM LOCAL BUDGET

Article 60. Principles to make list of projects and plan for budget allocated to each project in annual and medium-term plan funded by State budget

1. Comply with the regulations in Articles 54, 55, 56 and 57 of this Law.

2. Conform to the ability to balance the capital from the State budget in the annual and medium-term plan for public investment and the estimated ability to mobilize other capital sources regarding the projects using different capital sources.

3. Belong to the approved programs and tasks using development investment expenditures funded by the State budget.

4. Capital and ability to balance capital shall be assessed by competent authorities regarding the projects funded by the State budget that are not their jurisdiction.

5. Conform to the principles, criteria and allocation rate of development investment capital from the State budget in each period under the regulations of the Government.

6. Do not exceed the total capital of the approved programs and projects.

Article 61. Principles to make list of projects and plan for budget allocated to each project in annual and medium-term investment plan using local revenues from the State budget

1. Comply with the regulations in Articles 54, 55, 56, 57 and Clause 5, Clause 6 in Article 60 of this Law.

2. Conform to the revenues and expenditures from the local budget, annual and medium-term plan for public investment, the mobilization of other capital sources in case of projects using different capital sources.

3. Belong to the approved programs and tasks using development investment expenditures funded by the local revenues from the State budget.

4. Capital and ability to balance capital shall be assessed by competent authorities regarding the projects funded by local budget that are not their jurisdiction.

Article 62. Principles to make list of projects and plan for budget allocated to each project in annual and medium-term investment plan using capital generated from revenues which are retained but not recorded in the State budget balance.

1. The compilation of the list of projects and plan for budget allocated to each project in annual and medium-term investment plan using capital generated from revenues which are retained but not recorded in the State budget balance must comply with the regulations in Article 60 of this Law.

2. The allocation and use of capital generated from revenues which are retained but not recorded in the State budget balance must conform to the targets prescribed in the Resolution of the National Assembly and regulations of the Government.

Article 63. Principles to make list of projects and plan for budget allocated to each project in annual and medium-term investment plan financed by funds derived from municipal bonds and other loan capital from the local budget

1. Comply with the regulations in Article 51 and Article 54 of this Law.

2. Conform to the mobilization of loan capital and other capital resources.

3. Ensure the balance of local budget to repay the capital from municipal bonds and other loan capital from the local budget according to the date of repayment.

4. Do not use the target transfers from the central budget and capital from Government bonds to repay the capital from municipal bonds and other loans from the local budget.

5. Do not use the local revenues from the State budget to pay the interest and fees for the capital from municipal bonds and other loan capital from the local budget, except for the interest and fees included in the approved total investment in each project.

6. The projects financed by funds derived from municipal bonds and other loan capital from the local budget must be included in the list of projects in the approved medium investment plan funded by the State budget. The capital allocated to the projects must not exceed the capital for the approved medium investment plan funded by the State budget.

7. The projects using other loan capital from the local budget must be included in the in the list of projects in the approved medium investment plan funded by the State budget. The capital allocated to the projects must not exceed the capital for the approved medium investment plan funded by the State budget.

Article 64. Principles to make list of projects and plan for budget allocated to each project in annual and medium-term plan financed by funds derived from Government bonds

1. Comply with the regulations in Articles 54, 55, 56 and 57 of this Law.

2. Conform to the mobilization of capital from Government bonds in the annual and medium-term plan for public investment.

3. Use the capital from Government bonds.

4. The capital sources and ability to balance the capital has been assessed by the competent authorities.

5. Conform to the principles, criteria and allocation rate of capital from Government bonds in each period under the regulations of the Government.

6. Do not exceed the total capital of the approved programs and projects.

Article 65. Submitting, approving and assigning medium-term investment plan financed by funds derived from State budget and Government bonds

1. The Government shall submit the medium-term plan for public investment financed by funds derived from the State budget and Government bonds for the next stage before October 20 in the fifth year of the medium-term plan for public investment for the previous stage.

2. Before November 10 in the fifth year of the medium-term plan for public investment for the previous stage, the National Assembly shall decide the medium-term plan for public investment for the next stage, including:

a) Targets and orientation towards the medium-term investment financed by funds derived from the State budget and Government bonds;

b) Total investment funded by the State budget;

c) Total capital from Government bonds;

d) List of national target programs and projects of national importance;

dd) Solutions and policies to implement the medium-term plan for public investment.

3. The Prime Minister shall assign the medium-term plan for public investment financed by funds derived from the State budget and Government bonds to the Ministries, regulatory authorities and local authorities before December 10 in the fifth year of the medium-term plan for public investment for the previous stage.

4. The Ministry of Planning and Investment shall assign the medium-term plan for public investment financed by funds derived from central budget and Government bonds to the Ministries, regulatory authorities and local authorities before December 31 in the fifth year of the medium-plan for public investment for the previous stage.

Article 66. Submitting, approving and assigning annual investment plan financed by funds derived from State budget and Government bonds

1. The Government shall submit the investment plan funded by the State budget for the next year before October 20 each year.

2. The National Assembly shall decide the investment plan funded by the State budget for the next year before November 20 each year.

3. The Government shall decide the total investment in the plan for public investment financed by funds derived from Government bonds for the next year according to the total capital from Government bonds that is decided by the National Assembly in the medium-term plan for public investment before November 20 each year.

4. The Prime Minister shall assign the plan for public investment funded by the State budget for the next year according to the total capital decided by the provided for the National Assembly to the Ministries, regulatory authorities and local authorities before November 30 each year.

5. The Prime Minister shall assign the list and total capital of the plan for public investment funded by the central budget and Government bonds for the next year to the Ministries, regulatory authorities and local authorities before December 15 each year.

6. The Ministry of Planning and Investment shall assign the list and investment for the next year funded by the central budget and Government bonds of each project to the Ministries, Regulatory authorities and local authorities before December 20 each year.

7. The Ministries, regulatory authorities and local authorities shall assign the investment plan financed by funds derived from central budget and Government bonds for the next year to the units before December 31 each year.

Article 67. Submitting, approving and assigning medium-term plan for public investment financed by funds derived from local revenues from the State budget, municipal bonds, revenues which are retained but not recorded in the state budget balance and other loan capital from the local budget

1. The People’s Committee shall submit the medium-term plan for public investment to the People’s Council at the same level before November 10 in the fifth year of the medium-term plan for public investment for the previous term. Such submitted plan must include the list of programs and projects and the capital allocated to each project according to each capital source provided for the medium-term plan for public investment.

2. The People’s Councils of provinces shall decide the medium-term plan for public investment including total capital for the medium-term plan for public investment and the amount of capital allocated to each project according to each capital source before December 20 in the fifth year of the medium-term plan for public investment for in the previous stage.

3. The People’s Councils of districts shall decide the medium-term plan for public investment including total capital for the medium-term plan for public investment, the list and the amount of local revenues from the State budget and revenues which are retained but not recorded in the state budget balance allocated to each project before December 25 in the fifth year of the medium-term plan for public investment in the previous term.

4. The People's Committees shall assign the medium-term plan for public investment to the units before December 31 in the fifth year of the medium-term plan for public investment in the previous stage.

Article 68. Submitting, approving and assigning annual plan for public investment financed by funds derived from local revenues from the State budget, municipal bonds, revenues which are retained but not recorded in state budget balance and other loan capital from local budget

1. The People’s Committee shall submit the investment plan for the next year including the list and the amount of capital allocated to each project according to each capital source to the People’s Council at the same level before November 20 each year.

2. The People’s Councils of provinces shall decide the investment plan for the next year including the list and amount of capital allocated to each project according to each project before December 10 each year.

3. The People’s Councils of districts shall decide the investment plan for the next year including the list and the amount of local revenues from the State budget and capital generated from revenues which are retained but not recorded in the state budget balance allocated to each project before December 20 each year.

4. The People’s Committees shall assign the investment plan to the units before December 31 each year.

Section 3: FORMULATION, ASSESSMENT, APPROVAL AND ASSIGNMENT OF INVESTMENT PLANS USING LOAN CAPITAL FROM THE STATE, ODA AND OVERSEAS CONCESSIONAL LOANS

Article 69. Formulation, assessment, approval and assignment of investment plans using loan capital from the State

1. Requirements for formulation of an investment plan using loan capital from the State are:

a) The project in the sector or field allowed to use the loan capital from the State must ensure the recovery of capital, effectiveness and solvency;

b) The investor must use the loan capital for the right purposes; repay sufficient loan and interest on time according to the credit agreement; fulfill the commitments in the contract and comply with the regulations of the law.

The Government shall specify the sectors, fields and provide the capital rate for the projects using the loan capital from the State; specify the assessment of the financial plan, plan to repay the loan capital of each project.

2. The establishment and assessment of the annual and medium-term plans for investment using the loan capital from the State must comply with the regulations in Articles 50, 51, 52, 53, 55, 56, 58 and 59 of this Law.

3. A medium-term plan for investment using loan capital from the State shall be assigned as follows:

 a) The Prime Minister shall assign the medium-term plan for investment using loan capital from the State of the next stage before December 10 in the fifth year of the medium-term plan for investment of the previous stage;

a) The Ministry of Planning and Investment shall assign the medium-term plan for investment using loan capital from the State of the next stage according to the sector, field and program before December 31 in the fifth year of the medium-term plan for investment of the previous stage;

4. An annual plan for investment using loan capital from the State shall be assigned as follows:

a) The Prime Minister shall assign the investment plan for the next year before December 15 each year;

b) The Ministry of Planning and Investment shall assign the investment plan for the next year according to sectors, fields and program before December 20 each year.

Article 70. Principles to make annual and medium-term plans for public investment using ODA and overseas concessional loans

1. Each annual and medium-term plan for public investment using ODA and overseas concessional loans must be made based on the plan to run the annual programs and projects that are approved by competent authorities and the rate of progress agreed with the foreign donors.

2. Each annual and medium-term plan using ODA and overseas concessional loans must satisfy these following requirements:

a) The contents must be specified according to each component; each primary activity of programs and projects; each sponsored capital and counterpart fund resource and other capital resource; fundamental description and bases for determining each item;

b) The regulatory authority shall made and submit the plan for ODA, overseas concessional loans and counterpart fund according to the expenditures of programs and projects (if the programs and projects are funded by the investment funds and State budget;

c) If the programs and projects are governed by several units, each unit shall make a plan for the proportion of the project for which it is responsible. The managing authority shall summarize the master plan for the programs and projects;

d) The counterpart fund in the annual and medium-term plan for public investment shall be balanced in compliance with the agreement signed with the foreign donors and the actual annual disbursement of the programs and projects. Fund derives from ODA and overseas concessional loans shall be used as reciprocal capital of that is approved by the Prime Minister and foreign donors.

Article 71. Formulating, assessing and approving investment plans funded ODA and overseas concessional loans

1. The investment plans funded ODA and overseas concessional loans shall be formulated, assessed and approved in accordance with the regulations in Articles 50, 51, 52, 53, 55, 56, 58, 59 and 70 of this Law.

2. The overall plan and annual detailed plan for programs and projects shall be made as follows:

a) The overall investment plan shall be made for the whole duration of the implementation of programs and projects and include all of the components, items, resources and rate of progress;

b) The program leaders and investors shall cooperate with the donors in making, updating or inspecting the overall investment plan and submitting it to the governing body for consideration and approval according to the documents on the approved programs and projects an the International Agreement on ODA and overseas concessional loans within 45 days from the conclusion of the International Agreement on ODA and overseas concessional loans.

c) With regard to the programs and projects composed of several components, the investment plan for programs and projects shall include the overall plan and detailed plan for each component. The Head of the governing body in charge of programs and projects shall approve the general plan for programs and projects; the Head of governing body in charge of plans for components shall approve such plans;

d) The governing body shall send the Decision on approval enclosed with the investment plan for programs and projects to the Ministry of Planning and Investment, relevant authorities and donors to facilitate the supervision, assessment and implementation of programs and projects within 10 days from the approval for the investment plan for programs and projects.

3. Each plan funded ODA and overseas concessional loans shall be submitted, approved and assigned as follows:

a) The plan funded by ODA and overseas concessional loans included in the State budget shall be submitted, approve and assigned in accordance with the regulations in Article 65 and 66 of this Law;

a) The plan funded by ODA and overseas concessional loans that are applied the domestic financial mechanism shall be submitted, approved and assigned following the method of on-lend in accordance with the regulations in Article 69 of this Law.