Chương IX Luật Đầu tư theo phương thức đối tác công tư 2020: Nhiệm vụ, quyền hạn, trách nhiệm của các cơ quan quản lý nhà nước trong đầu tư theo phương thức ppp

Chapter IX

DUTIES, POWERS AND RESPONSIBILITIES OF STATE REGULATORY AUTHORITIES FOR PPP INVESTMENTS

Article 89. Duties and powers of the Government and the Prime Minister

1. The Government shall have the following rights and responsibilities:

a) Carry out the uniform state management of PPP investments;

b) Issue, within their jurisdiction, or request competent authorities to issue, legislative documents regarding PPP investments;

c) Examine, inspect and supervise the implementation of PPP investments.

2. The Government shall have the following duties and powers:

b) Issue, within their jurisdiction, legislative documents regarding PPP investments;

b) Make decisions on termination or suspension of PPP contracts with respect to those projects falling under the authority to issue investment policy decisions of the National Assembly or the Prime Minister.

Article 90. Duties and powers of the Ministry of Planning and Investment

1. Perform the functions of an authority vested with powers to manage PPP investments at the central level, take responsibility to the Government for the state management of PPP investment nationwide.

2. Issue, within their jurisdiction, or request competent authorities to issue, legislative documents regarding PPP investments.

3. Take charge of, and cooperate with competent authorities in, carrying out the examination, inspection and supervision; annually synthesize and evaluate the implementation of PPP projects nationwide.

4. Building and managing communication systems and databases regarding PPP investment activities.

5. Implement other duties and powers as stipulated by law.

Article 91. Duties and powers of the Ministry of Finance

1. Issue, within their jurisdiction, or request competent authorities to issue, legislative documents regarding financial mechanisms to be applied to PPP investments.

2. Take charge of formulating and implementing the mechanism for sharing of the reduced or increased revenues arising from the projects falling under the investment policy decision-making competence of the National Assembly, the Prime Minister, Ministers, Heads of central or other authorities.

3. Implement other duties and powers as stipulated by law.

Article 92. Duties and powers of Ministries, central and other authorities

1. Carry out the management of and guidance on PPP investments falling within their remit.

2. Implement responsibilities of competent authorities specified in Article 94 of this Law with respect to PPP projects under their jurisdiction.

3. On an annual basis, synthesize, evaluate and report on the implementation of PPP projects falling within their remit.

4. Implement other duties and powers as stipulated by law.

Article 93. Duties and powers of provincial People’s Committees

1. Perform the functions of an authority accorded the state management of PPP investments at their localities.

2. Perform responsibilities of competent authorities specified in Article 94 of this Law for PPP projects falling under their jurisdiction; decide to terminate or suspend PPP contracts for projects falling under the authority to issue investment policy decisions of provincial People's Councils.

3. On an annual basis, synthesize, evaluate and report on the implementation of PPP projects falling within their remit.

4. Take charge of, and cooperate with PPP project enterprises in, undertaking compensation, site clearance, support and resettlement for PPP projects falling under the latter’s remit; take charge of, and cooperate with Ministries, central authorities, other agencies and PPP project enterprises in, performing the tasks of compensation, support and resettlement for PPP projects falling under the latter’s authority.

5. Implement other duties and powers as stipulated by law.

Article 94. Responsibilities of competent authorities

1. Undertake the preparation of pre-feasibility study reports and feasibility study reports for PPP projects, the selection of investors, negotiation and conclusion of PPP contracts according to their competence specified in this Law.

2. Cancel or suspend the bids, refuse to recognize the results of investor selection or declare that decisions of bid solicitors are null and void when detecting any violation of the law on PPP investment, investor selection or other relevant laws.

3. Decide to terminate or suspend PPP contracts for projects falling within their authority to issue investment policy decisions in accordance with this Law.

4. Request bid solicitors and contracting authorities to provide documents and records necessary for the examination, inspection, supervision, monitoring; deal with petitions and sanction PPP investment-related violations.

5. Pay compensation in accordance with laws.

6. Give explanations about the implementation of the provisions of this Article at the request of superior authorities, examination, inspection, auditing, supervision or state regulatory authorities in charge of PPP investment affairs.

7. Publicize information about PPP projects; periodically report to central regulatory authorities in charge of PPP investment affairs on the implementation of PPP projects under their jurisdiction.

8. Implement other duties stipulated herein.