Chương V Luật đầu tư công 2014: Nhiệm vụ, quyền hạn, trách nhiệm của các cơ quan, tổ chức, cá nhân trong hoạt động đầu tư công

Chapter V

OBLIGATIONS, ENTITLEMENTS AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND INDIVIDUALS INVOLVED IN PUBLIC INVESTMENT ACTIVITIES

Article 86. Obligations and entitlements of National Assembly

1. Promulgate laws and Resolutions on public investment.

2. Decide the investment policies on the national target programs and projects using the public investment capital.

3. Decide and adjust the annual and medium-term plans for public investment.

4. Adjust the criteria used for classifying the projects of national importance.

5. Supervise the implementation of the plans for public investment, national target programs and projects of national importance; supervise the compliance with the law on public investment.

Article 87. Obligations and entitlements of Government

1. Ensure consistent management of public investment.

2. Request the National Assembly to promulgate the laws and resolutions; request the National Assembly Standing Committee to promulgate the ordinances and resolutions on public investment.

3. Promulgate the legal documents on management of public investment.

4. Request the National Assembly to decide the investment policies on the national target programs and projects of national importance.

5. Decide the investment policies on the target programs in accordance with the regulations in Clause 2 Article 17 of this Law.

6. Formulate the annual and medium-term plans for public investment and request the National Assembly to decide and adjust them.

7. Implement the annual and medium-term plans for public investment.

8. Report the implementation of the annual and medium-term plans for public investment, national target programs and projects of national importance to the National Assembly.

9. Inspect the implementation of the annual and medium-term plans for public investment; inspect the execution of the programs and projects financed by funds derived from central budget and government bonds; inspect the targets and investment policies on public investment of the local authorities.

Article 88. Obligations and entitlements of Ministry of Planning and Investment

1. Be responsible to the Government for the consistent management of public investment.

2. Promulgate or request the competent authorities to promulgate the legal documents related to public investment, principles, criteria, allocated rate and use of the capital budget for investment.

3. Take charge and cooperate with the Ministry of Finance in determining the total funds from the State budget, government bonds and loan capital from the State used for the annual and medium-term plans for public investment.

4. Present the national annual and medium-term plans for public investment to the Government.

5. Adjust or request the competent authorities to adjust the annual and medium-term plans for public investment.

6. Be responsible to the Government for the consistent management of ODA and overseas concessional loans; take charge of management and use of the ODA and overseas concessional loans.

7. Take charge and cooperate with the relevant authorities in assessing the capital and ability to balance the capital of the projects financed by funds derived from the central budget, the government bonds and other capital under the regulations of the law.

8. Be responsible to the Government for the consistent management of the national target programs.

9. Implement, supervise, inspect and evaluate the plans, programs and projects and other management obligations of public investment.

Article 89. Obligations and entitlements of Ministry of Finance

1. Cooperate with the Ministry of Planning and Investment in formulating the annual and medium-term plans for public investment.

2. Take charge and cooperate with the Ministry of Planning and Investment in determining the total funds from the State budget, government bonds and loan capital from the State used for the annual and medium-term plans for public investment.

3. Take charge and cooperate with the Ministry of Planning and Investment in assessing the capital and ability to balance the capital of the projects financed by funds derived from the central budget, the government bonds and other capital under the regulations of the law.

4. Take charge and cooperate with the Ministry of Planning and Investment in instructing the local financial authorities to balance the regular budget to pay the expenditure used for formulating, assessing and deciding the investment policies, approving the Decisions on investment in the programs, maintaining and operating the projects in use.

5. Report the disbursement and finalization of the plans, programs and projects to the Government.

Article 90. Obligations and entitlements of Ministries and central authorities

1. Manage public investment under the regulations of the law.

2. Promulgate, direct, inspect and supervise the conformity with the standards and eco-technical norms.

3. Decide the investment policies on the programs and projects in accordance with the regulations in Clause 4 Article 17 of this Law and decide the investment in the programs and projects in accordance with the regulations in Clause 2 Article 39 of this Law.

4. Formulate the plans for public investment.

5. Supervise, evaluate, inspect and supervise the implementation of the plans, programs and projects within their management.

6. Report the implementation of the plans, programs and projects and the result of such implementation.

7. Cooperate with the Ministries, regulatory authorities and local authorities in implementing the plans, programs and projects according to the assigned obligations.

Article 91. Obligations and entitlements of the People’s Councils

1. The People’s Councils shall:

a) decide the investment policies and investment programs 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;

b) consider and comment on the investment policies on the local group-B- projects and group-C- major projects financed by funds derived from the central budget and the Government bonds;

c) decide the investment policies on the programs and projects in accordance with the regulations in Clause 5 Article 17 of this Law;

d) consider and comment on the local annual and medium-term plans for public investment including the catalogues and the allocated rate of each project financed by funds derived from the central budget and Government bonds;

dd) decide the local annual and medium-term plans for public investment including the list and the capital allocated to each project financed by funds derived from local revenues from the State budget, loan capital from the State, municipal bonds, revenues which are retained but not recorded in the State budget balance and other loan capital from the local budget.

e) Supervise the projects financed by capital budget for public investment allocated to the local authorities including the funds derived from the central budget, Government bonds, local revenues from the state budget, loan capital from the State, municipal bonds, ODA and overseas concessional loans, revenues which are retained but not recorded in the State budget balance and other loan capital from the local budget.

2. In addition to the obligations and entitlements prescribed in Clause 1 this Article, the People’s Councils of provinces shall:

b) consider and comment on the investment policies on the local group-A- projects;

b) decide the criteria of the local major projects which are conformable with the targets, development orientation, financial capacity and the specific characteristics of such provinces.

Article 92. Obligations and entitlements of the People’s Committees of provinces

1. Manage the public investment within their competence under the regulations of the law.

2. Request the People’s Councils of provinces to consider:

a) deciding the investment policies and investment programs financed by funds derived from the municipal bonds, revenues which are retained but not recorded in the State budget balance and other loan capital from the local budget.

b) commenting on the investment policies on the projects within the competence of the Prime Minister in accordance of the regulations in Clause 3 Article 17 of this Law;

c) deciding on the investment policies on the group-B- projects and group-C- major projects under their management in accordance with the regulations in Point b, Clause 5 Article 17 of this Law;

d) commenting on the annual and medium-term plans for public investment financed by funds derived from the central budget, the Government bonds, ODA and the overseas concessional loans in accordance with the lists and allocated rate of each project;

dd) deciding the local annual and medium-term plans for public investment financed by funds derived from local revenues from the State budget, municipal bonds, loan capital from the State, revenues which are retained but not recorded in the State budget balance and other loan capital from the local budget.

3. Decide the investment policies on the projects in accordance with the regulations in Clause 6 Article 17 of this Law and decide the investment in the programs and projects in accordance with the regulations in Clause 3 Article 39 of this Law.

4. Implement, supervise and evaluate the plans for public investment using the capital budget within their competence.

5. Cooperate with the Ministries and central authorities in executing, supervising, inspecting and evaluating the programs and projects in such provinces.

Article 93. Obligations and entitlements of the People’s Committees of districts

1. Formulate the annual and medium-term plans for public investment under their management.

2. Assess the programs and projects under their management.

Request the People’s Councils of districts to:

a) decide the investment policies and investment programs financed funds derived from the local budget in accordance with the allocated rate of the capital and revenues which are retained but not recorded in the State budget balance of districts.

b) give opinions about the investment policies on the projects under the management of the Prime Minister in accordance of the regulations in Clause 3 Article 17 of this Law and of the superior People’s Councils;

c) deciding on the investment policies on the group-B- projects and group-C- major projects under their management in accordance with the regulations in Point b, Clause 5 Article 17 of this Law;

dd) deciding the local annual and medium-term plans for public investment financed by funds derived from revenues which are retained but not recorded in the State budget balance of districts.

4. Decide the investment policies on the projects in accordance with the regulations in Clause 6 Article 17 of this Law and decide the investment in the programs and projects in accordance with the regulations in Clause 4 Article 39 of this Law.

5. Implement, supervise, evaluate and inspect the plans, programs and projects and other management authorities related to the public investment according to the division of management.

6. Cooperate with the relevant authorities and organizations in executing, supervising, inspecting and evaluating the programs and projects in such districts.

Article 94. Obligations and entitlements of the State audit

1. Decide the annual audit plan for the plans, programs and projects and notify the National Assembly and the Government prior to the implementation.

2. Conduct annual audit, specialized audits and audits of the plans, programs and projects at the request of the National Assembly, National Assembly Standing Committee, Government and Prime Minister.

3. Report the result of the annual audit, specialized audit and auditors’ requests related to the plans, programs and projects to the National Assembly and National Assembly Standing Committee.

4. Announce the audits of the plans, programs and projects under the regulations of the law.

Article 95. Obligations and entitlements of Vietnamese Fatherland Front

1. Take charge of supervision on the investment in the programs and projects in accordance with the regulations in Clause 1 and Clause 3 Article 82 of this Law and other relevant laws.

2. Collect the opinions of the community about the investment policies on the local programs and projects in accordance with the regulations of Clause 2 Article 82 of this Law and regulations of the law on democratic practice at communes, wards and towns.

Article 96. Rights and responsibilities of entities engaged in proposing investment policies

1. Propose programs and projects conformable with the strategy, planning and plan for socio-economic development in each stage.

2. Mobilize the resources to execute the programs and projects on schedule.

3. Request the competent authorities to consider and decide the investment policies when any program is different from other programs and the regular duties according to the assigned obligations.

4. Be responsible for the information and figures related to the proposed programs and projects.

Article 97. Rights and responsibilities of entities related to Decisions on investment policies

1. Entities decide the investment polices on programs and projects in accordance with the regulations in Article 18 of this Law.

2. Any entity prescribed in Clauses 2, 3, 4 and 6 Article 17 of thus Law that decide the inappropriate and ineffective investment or cannot balance the capital leading to the loss and wastage shall be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations; or compensate for the damage (if any) under the regulations of the law.

3. Any entity related to the establishment and assessment that commits the violations, which leads to the inappropriate and ineffective investment shall be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations; or compensate for the damage (if any) under the regulations of the law.

Article 98. Rights and responsibilities of program leaders and investors related to establishment of programs and projects

1. Take legal responsibility for the documents sent to the competent authorities for approval.

2. Provide necessary documents for the authorities in charge of assessing the programs and projects.

3. Propose measures to attract the capital to execute the programs and projects on schedule.

4. Take responsibility for the establishment of programs and projects. Be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations in case of violations; or compensate for the damage (if any) under the regulations of the law.

Article 99. Rights and responsibilities of investors in programs and projects

1. Invest in the programs and projects according to the investment policies that are approved by the competent authorities, which is conformable with the ability to balance the capital under the their management and meets the standards in investment and assessment result. Be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations in case of inappropriate investment leading to ineffective investment, time-consuming or loss; or compensate for the damage (if any) under the regulations of the law.

2. Assess the programs and projects before they are approved, including assessing the capital and ability to balance the capital.

3. Balance the capital to pay the cost to establish and assess the programs and projects under their management.

4. Direct the program leaders and investors to execute the programs and projects on time and ensure the quality within the scope of the approved investment plan.

5. Decide to adjust, suspend or cancel the programs and projects.

6. Supervise, inspect and assess the programs and projects and the activities of the program leaders and investors during the execution of the programs and projects.

7. Take legal responsibility for the violations against the regulations on competence during the selection of the program leaders and investors.

Article 100. Rights and responsibilities of entities related to design consultancy on programs and projects

1. Request the program leaders and investors to provide information and documents related to the design for programs and projects.

2. Design the programs and projects to the standards, norms and quality assurance measures; do not exceed the regulated standards and norms.

3. Take responsibility for the result of the design of programs and projects. Be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations in case of incorrect design leading to ineffective investment or loss; or compensate for the damage (if any) under the regulations of the law.

Article 101. Rights and responsibilities of entities related to assessment of plans, programs and projects

1. Conduct the assessment of the plans, programs and projects under the regulations of the law and be responsible for the assessment result and their requests.

2. Conduct independent, transparent and objective assessment in accordance with the regulations of this Law and other laws.

3. Be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations in case of inaccurate assessment; or compensate for the damage (if any) under the regulations of the law.

Article 102. Rights and responsibilities of program leaders and investors to manage and carry out programs and projects

1. Manage and carry out the programs and projects, ensure the target, process and quality.

2. Report the implementation of the programs and projects under the regulations of this Law and other relevant laws.

3. Be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations in case of any loss; or compensate for the damage (if any) under the regulations of the law.

Article 103. Rights and responsibilities of managing Board in charge of programs and projects

1. Propose the remedies; manage and carry out the programs and projects; ensure the target, process and quality as authorized by the program leaders and investors.

2. Report the implementation of the programs and projects to the program leaders and investors.

3. Be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations in case of any loss; or compensate for the damage (if any) under the regulations of the law.

Article 104. Rights and responsibilities of entities supervising, assessing and inspecting programs and projects

1. The Heads of the Ministries, regulatory authorities and local authorities, Presidents of the People’s Committees of districts, program leaders and investors shall be responsible for the consequences if they do not supervise, assess or inspect the plans, programs and projects or send reports under the regulations.

2. The entities that are assigned to supervise, inspect and evaluate the plans, programs and projects must be responsible for their reports.

3. The program leaders and investors shall be responsible for their reports and take the legal responsibility for incorrect information about the investment within their competence under the regulations of the law.

4. Any entity assigned to supervise, inspect and valuate the plans, programs and projects that hide the violations or other violations shall be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations ; or compensate for the damage (if any) under the regulations of the law.

Article 105. Imposition of penalties

Any entity breaches the regulations in this Law shall be disciplined or liable to administrative penalties or criminal prosecution depending on the nature and severity of the violations ; or compensate for the damage (if any) under the regulations of the law.

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