Chương VI Luật Đầu tư công 2019: Điều khoản thi hành

Chapter VI

IMPLEMENTATION PROVISIONS

Article 99. Amendments to point a of clause 2 of Article 25 in the Law on Environmental Protection No. 55/2014/QH13 amended and supplemented by the Law No. 35/2018/QH14

Amending point a of clause 2 of Article 25 in the Law on Environmental Protection as follows:

“a) Grant decisions on investment policies for projects specified in Article 18 herein if they are subject to the regulatory requirement that binds them to obtain investment policy decisions.

As for public investment projects, competent authorities may, based on the preliminary assessment of environmental impacts, grant investment policy decisions; based on the environmental impact assessment, grant investment decisions with respect to those projects specified in Article 18 herein. The Government shall adopt specific regulations on projects and contents of the preliminary assessment of environmental impacts;”.

Article 100. Entry into force

1. This Law shall take effect on January 1, 2020.

2. The Law on Public Investment No. 49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 shall be repealed from the date of entry into force of this Law, except as provided in clause 3 and clause 5 of Article 101 herein.

Article 101. Transitional provisions

1. If public investment programs and projects receiving allocated capital defined in investment plans that obtain investment decisions from competent authorities prior to January 1, 2015 are not allocated capital according to midterm public investment plans for the period of 2016 – 2020, modification of these programs and projects shall be subject to regulations laid down herein.

2. If public investment programs and projects already obtaining investment policy decisions and investment decisions under the Law on Public Investment No. 49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 have not yet mentioned in public investment plans subject to the competent authority's decisions, modification of investment policy decisions and investment decisions for these programs and projects shall be subject to regulations enshrined herein.

3. If public investment programs and projects have already undergone procedures for design and evaluation prior to the entry into force of this Law, they must proceed with procedures for recommending them to seek the competent authority's decisions under the Law on Public Investment No. 49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 and other instruments providing details and instructions about implementation thereof.

4. Capital defined in public investment plans shall be allocated to repay debts only if such debts accrue from capital construction activities prior to January 1, 2015.

5. Ministries, central and local regulatory authorities shall be entitled to carry out and disburse funds for public investment plans of 2019 and 2020 in accordance with the Law on Public Investment No. 49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 and other instruments providing details and instructions about implementation thereof.