Chương 2 Nghị định 108/2009/NĐ-CP: Xây dựng và công bố danh mục dự án

Chapter II

DRAWING UP AND ANNOUNCEMENT OF LISTS OF PROJECTS

Article 9. Making of lists of projects

1. Based on socio-economic development plannings and plans in each period and pursuant to Article 4 of this Decree, ministries, branches and provincial-level People's Committees shall make lists of BOT, BTO and BT projects of branches and localities (below referred to as lists of projects).

2. For each project, a list of projects must contain the following principal details:

a/ Name of the project;

b/ Objectives of the project;

c/ Expected location for implementation of the project and other projects (if any);

d/ Summarized major technical parameters and estimated total investment capital for the project implementation;

e/ Name, address, telephone number and fax number of the state agency competent to sign and perform the project contract.

3. Depending on objectives, characteristics and location of each project on the list of projects, ministries, branches and provincial-level People's Committees shall send the list of projects to concerned ministries, branches and localities for opinion.

4. A written request for opinions of the agencies defined in Clause 3 of this Article must explain the objectives, location, designed capacity, estimated investment capital, and essential technical and financial requirements of each project on the list of projects.

5. Based on their functions, tasks and powers defined by law, within 30 working days after receiving a list of projects, concerned ministries, branches and localities shall give written opinions on the issues specified in Clause 4 of this Article and other issues.

6. An announced list of projects may be modified or supplemented in case of any modifications in branch or local socio-economic development plannings or plans or in a project on the list.

Article 10. Announcement of lists of projects

1. In January every year, ministries, branches and provincial-level People's Committees shall publish lists of projects on their websites and the Bidding Newspaper in 3 consecutive issues. The announced list of projects must contain the principal details specified in Clause 2, Article 9 of this Decree.

2. The minimum time limit for an investor to select and register to implement a project with a competent state agency is 30 working days from the date of the last publication of the list of projects under Clause 1 of this Article.

3. Upon the expiration of the time limit specified in Clause 2 of this Article, the competent state agency shall publish the list of investors that have registered in writing to implement projects on the Bidding Newspaper and the websites of ministries, branches and localities.

Article 11. Projects proposed by investors

1. Investors may request implementation of projects outside the announced list of projects and shall make and send project proposals to ministries, branches and provincial-level People's Committees for approval.

2. A project proposal must contain the details specified in Clause 2 of Article 12.

3. A dossier of request for approval of a project proposal comprises:

a/ A written request for approval;

b/ A document evidencing the investor's legal status and financial and technical capacity;

c/ A written introduction of the financial capacity and experience of implementing similar projects (if any);

d/ Other documents necessary for explaining the project proposal.

4. Ministries, branches and provincial-level People's Committees shall receive project proposals falling within their functions, tasks and powers and consider and approve them under Clauses 3, 4 and 5, Article 9 of this Decree.

For proposals of projects not yet included in branch development plannings, ministries, branches and provincial-level People's Committees shall consider and supplement according to their competence these projects to these plannings or submit such supplementation to the Prime Minister for consideration and approval.

5. In case the project proposals are approved, ministries, branches and provincial-level People's Committees shall decide to add the projects to the lists of projects and publish the principal details of these projects under Clause 2, Article 9 on their websites and the Bidding Newspaper in 3 consecutive issues. Within 30 working days from the date of the last publication, if no other investors register to implement the projects, ministries, branches and provincial-level People's Committees shall decide to designate investors with the approved project proposals to negotiate project contracts.

6. If other investors register to implement projects, ministries, branches and provincial-level People's Committees shall organize bidding for selecting investors under Article 13 of this Decree.

Article 12. Elaboration and approval of project proposals and feasibility study reports

1. Depending on the characteristics and size of a project, the competent state agency shall make a feasibility study report or a project proposal for use as a basis for making a bidding dossier and negotiating a project contract with the investor.

2. A project proposal comprises:

a/ Analysis of the necessity and advantages of implementation of the project in the form of BOT, BTO or BT contract as compared to other forms of investment;

b/ Expected capacity, location and area of construction, work items, and land use demand;

c/ Analysis and preliminary selection of technologies and techniques; conditions for the supply of supplies, equipment, materials, energy, services and technical infrastructure; ground clearance and resettlement plans (if any); the project's impacts on the eco-environment, fire and explosion prevention and fighting and security;

d/ Preliminary determination of the project's total investment capital;

e/ Determination of goods prices and service charges expected to be collected from the operation of the work;

f/ Determination of the work construction and operation duration, and methods of management and operation (for BOT and BTO projects);

g/ Conditions for and methods of transfer and receipt of the work under the provisions of Chapter VI of this Decree;

h/ Proposed application of investment incentives and supports and government guarantee (if any) under the provisions of Chapter VII of this Decree;

i/ Preliminary evaluation of the project's socio-economic benefits;

j/ For BT projects, in addition to the details specified at Points a, b, c, d, g, h and i of this Clause, a project proposal must indicate payment conditions or conditions for implementing other projects.

3. For BOT and BTO projects, a feasibility study report must contain the details prescribed by the construction law and the details specified in Clause 2 of this Article.

4. For BT projects, in addition to the details prescribed by the construction law, a feasibility study report must contain the relevant details specified at Points a, b, c, d, g, h, i and j, Clause 2 of this Article.

5. The competence to approve feasibility study reports and project proposals is specified as follows:

a/ The Prime Minister may approve feasibility study reports and proposals of national important projects under the National Assembly's resolutions; projects requiring land area of 200 ha or more; projects requiring government guarantee; and group-A projects capitalized at VND 1.5 trillion or more;

b/ Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People's Committees may approve feasibility study reports and proposals of other projects of groups A, B and C.