Chương IV Luật đầu tư công 2014: Thực hiện và theo dõi, kiểm tra, đánh giá, thanh tra kế hoạch đầu tư công

Chapter IV

IMPLEMENTATION, SUPERVISION, INSPECTION AND ASSESSMENT OF PLANS FOR PUBLIC INVESTMENT

Section 1: IMPLEMENTATION OF PLANS FOR PUBLIC INVESTMENT

Article 72. Operation of plans for public investment

1. Pursuant to the Resolution of the National Assembly on the annual and medium-term plans for public investment, the Government shall provide instructions on the implementation.

2. Pursuant to the Resolution of the National Assembly, Decision to assign the plans of the competent authorities, Resolution of the People’s Councils on the annual and medium-term plans for public investment, the Ministries, regulatory authorities, local authorities, the People’s Committees of districts and the units using the capital budget for public investment shall give instructions on the operation of the plans for public investment using the capital under their management.

3. The Prime Minister shall administer and integrate the capital sources to implement the programs financed by funds derived from the State budget, the Government bonds of the Ministries, regulatory authorities, local authorities and units using the capital budget for public investment provided that the targets of the programs and projects shall not be changed.

4. The Presidents of the People’s Committees of provinces shall administer and integrate the capital sources to run the programs and projects financed by the funds derived from local revenues from the State budget, municipal bonds, capital generated from provincial revenues which are retained but not recorded in the state budget balance and other loan capital from the local budget provided that the targets for the programs and projects shall not be changed.

Article 73. Compliance with plans for public investment

1. The Ministries, regulatory authorities, local authorities and the People’s Committees of districts shall:

a) Announce or assign the plans for public investment to the units using the capital budget for public investment;

b) Report the assignment to the plans for public investment to the competent authorities.

2. The units using the capital budget for public investment shall report the implementation of the plans to the competent authorities under the regulations of the Government.

3. The Ministry of Planning and Investment and professional agency in charge of public investment management shall conduct inspection to ensure the assignment and compliance with the plans for public investment according to the Decision of the competent authorities.

Article 74. Implementation of plans for public investment

1. The Ministries, regulatory authorities, local authorities, the People’s Committees of districts and units using the capital budget for public investment shall:

a) Implement the plans for public investment according to the targets approved by the competent authorities;

b) Carry out the projects on schedule according to the capital plans approved by the competent authorities;

c) Make the plans for auction and appointment of contractors regarding the contracts of the projects that are allocated capital according to the plans for public investment that are approved by the competent authorities;

d) Inspect and make payment according to the contracts that are finished and transferred;

dd) Balance the capital sources to pay off the outstanding debts derived from infrastructural development in accordance with the regulations in Clause 2 Article 106 of this Law;

e) Ensure the scope and scale of each project according to the targets, fields and programs that are approved and according to the capital plans that are implemented;

g) Supervise, inspect and assess the implementation of the plans for public investment.

2. The Ministry of Planning and Investment shall instruct, supervise and inspect the implementation of the annual and medium-term plans for public investment of the Ministries, central authorities and the People’s Committees of provinces.

3. The Ministry of Finance shall provide the capital according to the plans for public investment that are approved by the competent authorities.

4. The Government shall provide instructions on the implementation of the plans for public investment.

Article 75. Adjustment to plans for public investment

1. The National Assembly shall make overall adjustment to the annual and medium-term plans for investment financed by funds derived from the State budget and Government bonds when:

a) There is adjustment to the targets for the strategy and national plan for socio-economic development;

b) There are dramatic changes in the balance of the State budget or the mobilization of capital sources.

2. The National Assembly Standing committee shall make adjustment to the annual and medium-term plans for investment financed by funds derived from the State budget and Government bonds among the Ministries, regulatory authorities and local authorities if the total capital of the annual and medium-term plans for investment that are approved by the National Assembly is not be changed.

3. According to the conditions in each period, the Prime Minister shall adjust:

a) the medium-term plans for investment financed by funds derived from the central budget and the Government bonds of the appointed Ministries, regulatory authorities and local authorities in accordance with the regulations in Clause 3 Article 65 of this Law in the total capital of each Ministry, regulatory authority and local authority that is approved by the National Assembly;

b) the annual plans for investment financed by funds derived from the central budget and Government bonds among the sectors, fields and programs of the entities prescribed in Clause 4 and Clause 5 Article 66 of this Law;

c) Annual and medium-term plans for investment using loan capital from the State;

d) Annual and medium-term plans for investment in programs and projects using ODA and overseas concessional loans used in such governing bodies.

4. The Ministry of Planning and Investment shall:

a) Take charge of assessing the plan to adjust the annual and medium-term plans for investment financed by funds derived from central budget, Government bonds and bonds among the sectors, fields and programs of the Ministries, regulatory authorities and local authorities and send reports to the Prime Minister for consideration;

a) Take charge of assessing the plan to adjust the medium-term plans for investment financed by funds derived from central budget, Government bonds used for the sectors, fields and programs of the Ministries, regulatory authorities and local authorities and send reports to the Prime Minister for consideration;

c) Adjust the annual plans for investment financed by funds derived from central budget and Government bonds in the sectors, fields and programs of the Ministries, regulatory authorities and local authorities provided that such capital must not exceed the total capital of the medium-term investment plan of each project that is approved by the competent authorities.

The Ministry of Planning and Investment shall report the adjustment to the previous investment plan prescribed in this point to the Prime Minister before March 31 each year.

5. The People’s Councils of provinces shall adjust the annual and medium-term plans for investment financed by funds derived from local revenues from the State budget, the municipal bonds, revenues which are retained but not recorded in the state budget balance and other loan capital from the local budget when:

a) There is adjustment to the targets local plan for socio-economic development;

b) There are dramatic changes in the balance of local budget revenues or the mobilization of capital sources;

c) There are changes in the use or and the amount of capital of the annual plans among the local authorities and units.

6. The People’s Committees shall adjust the annual and medium-term plans for investment financed by funds derived from the 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 used for investing among the sectors, fields and programs and in the sectors, fields and programs of the units using such capital and send report to the People’s Council at the same level in the next meetings.

Article 76. Time for disbursement of capital of annual and medium-term plans for public investment

1. With regard to the projects financed by funds derived from the State budget, Government bonds, municipal bonds and the revenues which are retained but not recorded in the state budget balance:

a) The capital of a medium-term plan for public investment must be disbursed before December 31 in the initial year of the plan for public investment in the later stage;

b) The capital of a plan for public investment shall be disbursed until the following year. The time for disbursement can be extended in special cases or cases approved by competent authorities. Such extension must not exceed the medium-term plan for public investment.

2. With regard to the programs and projects using ODA and overseas concessional loans:

a) The capital of an annual or medium-term plan for public investment in compliance with the International Agreement on ODA and concessional loans signed with the foreign donors;

b) The amount of the foreign capital of an annual plan for public investment shall be disbursed in proportion to the progress of the capital provision by the foreign donors.

3. With regard to any project using the loan capital from the State, other loan capital from the local budget, such capital shall be disbursed in proportion to the date of repayment.

Section 2: SUPERVISION, INSPECTION, ASSESSMENT OF PLANS, PROGRAMS AND PROJECTS ON PUBLIC INVESTMENT

Article 77. Supervising and inspecting plans for public investment

1. The professional agency in charge of public investment management shall supervise and inspect the plans for public investment of the units under their management.

2. The regulatory authorities in charge of public investment shall supervise and inspect:

a) The compliance with the regulation of the law on public investment;

b) The establishment, assessment, approval and assignment of the plans for public investment;

b) The establishment, assessment, approval and implementation of the programs and projects mentioned in the plans for public investment;

d) The implementation of the plans for public investment;

dd) The outstanding debts arising from infrastructural construction and loss on public investment.

Article 78. Assessment of plans for public investment

1. Article 78. Assessment of plans for public investment

2. The annual plan for public investment shall be assessed quarterly and annually.

3. The contents of the plans for public investment that are assessed are:

a) The performance of the plans that are approved by the competent authorities.

b) Effects of the plans for public investment on attracting the investors from other capital sources and the consequence of socio-economic development;

c) The feasibility of the plans for public investment;

d) The management of public investment;

dd) The remaining issues; the reasons and solutions to such remaining issues.

Article 79. Supervising and inspecting programs and projects

1. The governing bodies, program leaders, investors and the competent persons to decide the investment in the programs and projects and the competent authorities in charge of public investment shall supervise and inspect the investment in the programs and projects according to the contents and targets that are approved to ensure the targets and investment effectiveness.

2. The programs and projects shall be inspected as follows:

a) The program leaders and investors shall inspect the programs and projects that they are assigned;

b) The governing bodies, competent persons to decide the investment shall conduct at least one inspection of programs and projects to be completed after 12 months;

b) The governing bodies, competent persons to decide the investment shall conduct inspection when there is adjustment to the programs and projects leading to the change of the location, targets, scope, the increase in the total investment and other necessary cases;

d) The competent authorities in charge of public investment shall conduct scheduled or surprise inspection of the programs and projects.

Article 80. Assessment of programs and projects

1. Assessment of programs and projects includes initial, midterm, final or stage assessment, impact assessment and surprise assessment.

2. It is required to conduct midterm or stage assessment, final assessment and impact assessment of the plans for public assessment.

3. It is required to conduct initial, midterm, final assessment and impact assessment of the projects of national importance and group-A-projects.

4. It is required to conduct final assessment and impact assessment of the projects of national importance and group-A-projects.

5. In addition to the regulations in Clauses 2, 3 and 4 this Article, the governing bodies and competent persons to decide the investment and the competent authorities in charge of public investment shall conduct other forms assessment prescribed in Clause 1 this Article if necessary.

Article 81. Assessed contents of programs and projects

1. It is required to conduct initial assessment of:

a) The preparation, organization and mobilization of the resources to implement the programs and projects provided in order to ensure the approved targets and progress.

b) Problems occurring after the programs and projects are approved;

c) Solutions to the problems that are conformable with the actual conditions.

2. It is required to conduct midterm and stage assessment of:

a) The conformity of the result of the implementation of the programs and projects to the investment targets;

b) The performance of the workload at the time of assessment in proportion to the approve plan;

c) The necessary solutions including the adjustment to the programs and projects.

3. It is required to conduct final assessment of:

a) The process of the implementation of the programs and projects including: the result of the implementation of the targets of the programs and projects; the mobilized resources; the advantages that the beneficiaries receive from the programs and projects, the impacts and the stability of the programs and projects;

b) The experience from the implementation of the programs and projects and the necessary recommendations; responsibilities of the advisory organizations, governing bodies, program leaders, investors, competent persons to decide the investment policies, investment and the relevant entities.

4. It is required to conduct impact assessment of:

a) The economic-technological operation;

b) The socio-economic impacts;

b) Impacts on environment and ecosystem;

d) The stability of the projects;

dd) The experience from the investment policies, Decision on investment, implementation and operation of the programs and projects; responsibilities of the advisory organizations, governing bodies, program leaders, Investors, competent persons to decide investment policies, investment and relevant entities.

5. It is required to conduct surprise assessment of:

a) The conformity of the result of the implementation of the programs and projects to the investment targets at the time of assessment;

b) The performance of the workload at the time of assessment in proportion to the approve plan;

c) Unexpected problems (if any), reason for such problems and responsibilities of the relevant entities;

d) The effects and the seriousness of the effects of the unexpected problems on the implementation of the programs and projects, the capability to achieve the targets of the programs and projects;

dd) Necessary solutions.

Article 82. Public investment supervision

1. The programs and projects shall be supervised by the community. The Vietnamese Fatherland Front shall take charge of the investment project by the community.

2. The governing body shall collect the opinions of the residential community at the places where the projects are carried out about the Decision on investment in the projects of national importance, group-A-projects, projects requiring the major relocation, projects that are likely to exert dramatic effects on the environment, projects directly affecting the socio-economic conditions of the residential community at the places where the projects are carried out and the opinions about the investment policies, construction, location, sewage treatment, environment protection, compensation, site clearance and plans for relocation under the regulations of the law.

3. The community shall supervise:

a) the compliance with the regulations of the law on investment, construction land, waste treatment and environment protection;

b) compensation, site clearance and plan for relocation provided that the benefits of locals are secured;

c) programs and projects funded by an amount of the locals' contribution;

d) the implementation and rate of progress of programs and projects;

dd) the compliance with the regulations in Article 14 of this Law;

e) negative effects on the community’s benefits; negative effects on community's living environment during the investment and implementation of projects; activities leading to loss of fund and property of projects.

Article 83. Procedures for public supervision

1. The Vietnamese Fatherland Front shall take charge and cooperate with the socio-political organizations and relevant authorities in:

a) formulating the plan for the public supervision on the annual local programs and projects according to the regulations in the Clause 3 Article 82 of this Law;

b) establishing the public supervision team for each program and project;

c) notifying the program leaders, investors and the managing Board of the programs and projects of the supervision plan and the members of the local investment supervision team within 45 days prior to the implementation.

2. The program leaders, investors and managing Board of the programs and projects shall:

a) Provide sufficient and accurate documents related to the execution of the programs and projects prescribed in Clause 2 Article 82 of this law for the public investment supervision team;

b) Facilitate the public investment supervision team under the regulations of the law.

c) Enhance the measures to carry out the projects.

Article 84. Supervising, inspecting and evaluating plans, programs and projects

1. The program leaders and investors shall conduct initial, mid-term and final supervision, inspection and assessment of the programs and projects.

2. The governing body, investment decision-makers and the regulatory authorities in charge of public investment shall conduct supervision, impact assessment and surprise assessment of the programs and projects under their management.

3. The assessing body shall conduct assessment or employ eligible experts or advisory organizations to conduct assessment.

4. The Government shall give instructions on the supervision, inspection and assessment of the plans, programs and projects and public investment supervision.

Article 85. Inspection of public investment

1. The inspection of the management and use of the capital budget for public investment must comply with the regulations of this Law and other relevant laws.

2. The inspection of the public investment must be associated with the functions and duties of the entities and must follow the procedures for inspection under the regulations of the law on inspection.

3. The result of the inspection of public investment activities must be published under the regulations of the law. In case of any violation against the law on public investment, the inspecting authority shall impose penalties within their competence or transfer the dossiers on the violation to the competent authorities for consideration.