Chương VIII Luật Đầu tư theo phương thức đối tác công tư 2020: Kiểm tra, thanh tra, kiểm toán nhà nước và giám sát hoạt động đầu tư theo phương thức ppp

Chapter VIII

EXAMINATION, INSPECTION, STATE AUDIT AND OVERSIGHT OF PPP INVESTMENTS

Section 1. EXAMINATION, INSPECTION AND STATE AUDIT OF PPP INVESTMENTS

Article 83. Examination of PPP investments

1. Subject matters of the examination of PPP investments shall include:

a) Issuance of instructional documents regarding PPP investment approach by competent authorities;

b) Investment preparation; organization of investor selection activities; conclusion and execution of contracts;

c) Other activities related to PPP investment.

2. The examination of PPP investment activities shall be conducted in a regular or irregular manner according to the decision of the head of the competent inspecting authority.

Article 84. Inspection of PPP investments

1. The inspection of PPP investments is a specialized inspection carried out in accordance with the inspection law.

2. The inspection of PPP investments shall be aimed at competent authorities, contracting authorities, investors, PPP project enterprises and entities, organizations and individuals involved in PPP investment activities regulated under this Law.

Article 85. State audit of PPP investments

1. Auditing the management and use of public finance, public assets and activities related to the management and use of public finance and public assets invested in PPP projects in accordance with the law on state audit.

2. Auditing the process for implementation of the mechanism for sharing of increased and reduced revenues in accordance with provisions laid down in Article 82 herein.

3. Auditing all values of property of PPP projects upon transfer thereof to the State.

Section 2. OVERSIGHT OF PPP INVESTMENTS

Article 86. Oversight carried out by State regulatory authorities in charge of PPP investments

1. State regulatory authorities in charge of PPP investments at the central level shall supervise the processes for implementation of PPP projects prescribed at Point a, b and c of Clause 3 of Article 4 of this Law and other projects assigned by the National Assembly and the Prime Minister.

2. State regulatory authorities in charge of PPP investments at the local level shall supervise the processes for implementation of PPP projects prescribed at Point d of Clause 3 of Article 4 of this Law.

Article 87. Overseen subjects

1. Invitation for bid.

2. Investor section results.

3. Implementation of PPP contracts.

4. Results of inspection of quality of construction works and infrastructure systems under the provisions of point c of clause 2 of Article 59 herein.

5. Results of assessment of quality of public products and services prescribed under the provisions of clause 2 of Article 66 herein.

6. Other matters to be overseen at the request of the National Assembly or the Prime Minister in the cases specified in Clause 1 of Article 86 of this Law, or of the provincial People's Councils in the cases specified in Clause 2 of Article 86 of the Law.

Article 88. Oversight by Vietnam Fatherland Front and community

Vietnam Fatherland Front at all levels shall take charge of conducting the supervision and providing guidance on the supervision of investments by the communities where PPP projects are implemented in accordance with the law on Vietnam Fatherland Front and the law on the community-based supervision of investments.