Chương 8 Nghị định 108/2009/NĐ-CP: Quản lý nhà nước đối với dự án đầu tư theo hình thức hợp đồng BOT, hợp đồng BTO và hợp đồng BT

Chapter VIII

STATE MANAGEMENT OF INVESTMENT PROJECTS IN THE FORM OF BOT, BTO OR BT CONTRACT

Article 46. Tasks and powers of the Ministry of Planning and Investment

1. To elaborate and promulgate according to its competence or submit to the Government for promulgation legal documents on investment in the form BOT, BTO or BT contract.

2. To guide regulations on the making and approval of project proposals and feasibility study reports; and to select investors and negotiate project contracts, contents of a project contract, order of and procedures for the grant, modification and revocation of investment certificates, and other relevant issues falling within its competence defined in this Decree.

3. To comment on plannings and lists of projects drafted by ministries, branches and provincial-level People's Committees.

4. To assume the prime responsibility for, and coordinate with concerned ministries and branches in, submitting to the Prime Minister for consideration and decision the implementation of projects neither in the domains nor in the forms of project contract specified in this Decree.

5. To comment on the selection of investors for negotiating project contracts and appoint its representatives to join inter-branch working groups at the request of ministries, branches or provincial-level People's Committees on a case-by-case basis.

6. To examine application dossiers, and grant, modify and revoke investment certificates for projects falling within its competence as listed in Clause 1, Article 24 of this Decree.

7. To join in examining projects' issues falling within its functions and competence at the request of ministries, branches or provincial-level People's Committees.

8. To assume the prime responsibility for, and coordinate with ministries, branches or provincial-level People's Committees in, guiding, examining and inspecting according to their competence project activities; to review and evaluate the implementation of investment projects in the form of BOT, BTO or BT contract.

9. To perform other tasks and exercise other powers as provided for by law.

Article 47. Tasks and powers of the Ministry of Finance

1. To perform the tasks and exercise the powers defined in Clauses 3, 5 and 7, Article 46 of this Decree.

2. To guide the implementation of regulations on project preparation expenses and use of operating funds of competent state agencies in the course of project management; financial contents of project contracts; conditions for and methods of payment to BT project investors; and other relevant issues falling within its competence as defined in this Decree.

3. To coordinate with the Ministry of Planning and Investment in performing the tasks specified in Clause 8, Article 46 of this Decree.

4. To perform other tasks and exercise other powers as provided for by law.

Article 48. Tasks and powers of the Ministry of Justice

1. To join in negotiating issues relating to applicable laws, settlement of disputes, government guarantee and other legal issues of project contracts at the request of competent state agencies on a case-by-case basis.

2. To appraise and comment on the disparity between the terms of project contracts and domestic laws.

3. To negotiate the terms of, and give legal opinions on, project contracts on a case-by-case basis.

4. To perform other tasks and exercise other powers as provided for by law.

Article 49. Tasks and powers of other ministries and branches

1. To perform the tasks and exercise the powers defined in Clauses 3, 5 and 7, Article 46 of this Decree.

2. To make and announce lists of projects of ministries and branches in accordance with this Decree.

3. To comment on plannings on and policies for implementation of projects in the domains under their management.

4. To receive projects outside lists of projects already announced and prepare feasibility study reports or project proposals respectively under Articles 11 and 12 of this Decree.

5. To personally, or authorize their attached competent state agencies to, sign and implement project contracts under Article 3 of this Decree.

6. To approve plans and results of bidding for selection of investors for negotiating project contracts falling within their competence.

7. To coordinate with the Ministry of Planning and Investment in performing the tasks mentioned in Clause 8, Article 46 of this Decree.

8. To perform other tasks and exercise other powers as provided for by law.

Article 50. Tasks and powers of provincial-level People's Committees

1. To perform the tasks and exercise the powers defined in Clauses 3, 5 and 7, Article 46 of this Decree.

2. To draw up and announce lists of projects of localities in accordance with this Decree.

3. To comment on plannings on and policies for implementation of projects in the domains under their management.

4. To receive projects outside lists of projects already announced and prepare feasibility study reports or project proposals respectively under Articles 11 and 12 of this Decree.

5. To personally, or authorize their attached competent state agencies to, sign project contracts under Article 3 of this Decree.

6. To examine application dossiers, and grant, modify and revoke investment certificates for the projects falling within their competence as provided for in Clause 2, Article 24 of this Decree.

7. To approve plans and results of bidding for selection of investors for negotiating project contracts falling within their competence.

8. To coordinate with the Ministry of Planning and Investment in performing the tasks mentioned in Clause 8, Article 46 of this Decree.

9. To perform other tasks and exercise other powers as provided for by law.