Chương III Nghị định 15/2015/NĐ-CP: Xây dựng và công bố dự án

Chapter III

CONSTRUCTION AND ANNOUNCEMENT ABOUT THE PROJECTS

Section 1: PROJECTS PROPOSED BY MINISTRIES, PROVINCIAL PEOPLE’S COMMITTEES AND REGULATORY BODIES

Article 15. Requirements for the selection of projects

1. PPP projects must meet the following requirements:

a) Conform to the program or the plan for the development of sectors, regions and the plan for the local socio-economic development;

b) Conform to the investment sector prescribed in Article 4 of this Decree;

c) Prove that the investor has capacity for attracting and acquiring the commercial capital, technique and experience in project management;

d) Have ability to constantly and stably provide the good quality products that satisfy the consumer’s need;

dd) Have the total investment capital of at least VND 20 billion, except for the projects under the O&M contract and the projects prescribed in Point e Clause 1 Article 4 of this Decree.

2. The projects that are not included in the program, plan for the development of sectors, regions, or the plan for the socio-economic development shall be considered and amended by Ministries, regulatory bodies and provincial People’s Committees under their delegated authority or submitted to a competent authority for approval.

3. The project that conforms to requirements defined in Clause 1 of this Article and can recover the investment capital gained from operating activities shall be given priority in the selection process.

Article 16. Subject matters of the project proposal

1. Ministries, regulatory bodies and provincial People’s Committees shall use project proposals as the basis for the selection of investment projects in the form of Public-Private Partnership.

2. A project proposal shall include the following required information:

a) The need of the investment; the advantages of the Public-Private Partnership in comparison with other forms of investment; the type of project contract;

b) The conformity of the project to the planning, the development plan and the conditions prescribed in Clause 1 Article 15 of this Decree;

c) The proposed objectives, scope, location of the project; the demand for land and other resources;

d) The preliminary analysis of the requirements for techniques, criteria, quality of the construction, products or services;

dd) The proposed progress and completion date of the project; the duration of project development and operation; plans for management, operation or service supply;

e) The master plan for the indemnity, site clearance and resettlement;

g) The proposed requirements for execution of other projects (applied to the BT project);

h) The preliminary financial analysis containing information such as the total investment capital, the capital structure and mobilization plan; the State funding for the project (if any); expenditures; revenues, price and fee of commodities or services; capital recovery and profit generation duration;

i) The proposed anticipation of potential risks incurred from the execution of the project and the risk allocation between the regulatory agency and the investor;

k) The proposal of investment incentive and guarantee methods (if any);

l) The preliminary forecast of socio-economic effect of the project; the impacts of the project on environment, society and national defense and security;

m) Other necessary information.

3. With regard to the construction project, in addition to the regulation in Clause 2 of this Article, the project proposal shall include the preliminary design according to the regulations on construction.

Article 17. Appraisal and approval for project proposal

1. Ministries, regulatory bodies and provincial People’s Committees shall carry out the appraisal and approval for group A, B and C projects. Procedures for the formation, appraisal and approval of the project proposal in terms of national importance projects shall adhere to the regulations on public investment.

2. With regard to a project financed by the State funding, based on the estimated amount and proposed capital sources, Ministries, regulatory bodies and provincial People’s Committees shall report to competent agencies according to the regulation on public investment so as to decide the budget allocation before approving the project.

3. The application for the use of State funding for a project shall include:

a) A written request for permission to use State funding for the project;

b) A project proposal;

c) The appraisal result from the competent agencies about the source and the balance of the State funding for the project.

4. The time limit for the approval for the use of the State funding for the project prescribed in Clause 2 of this Article shall not exceed 30 days from the receipt of sufficient documents stipulated in Clause 3 of this Article. .

Article 18. Project Announcement

1. Within 07 working days from the day on which the project proposal is approved, Ministries, provincial People’s Committees and regulatory bodies shall issue the announcement about a single project or the project portfolio on the National Electronic Procurement System according to the regulations on bidding.

2. The announced project shall include the following main information:

a) The name of the project and the type of project contracts;

b) The target, scope, location of the project and the other project (if any);

c) The summary of the requirements for techniques, criteria, quality of the project facilities, products or services;

d) Proposed total investment capital; State funding for the project (if any);

dd) The proposed progress of the project and project execution duration, including the time of the feasibility study report, investor selection, construction, completion and operation ;

e) The updated information on the progress of the project prescribed in Point dd of this Clause;

g) The contact address of regulatory agencies.

Article 19. The transformation of investment projects financed by the public investment budget

1. The project that is financed by the public investment budget and satisfies the conditions prescribed in Clause 1 Article 15 of this Decree may be considered transforming the investment into the form of Public-Private Partnership.

2. The Ministry of Planning and Investment shall provide guidance on procedures for the transformation of investment according to the regulation in Clause 1 of this Article.

Section 2: PROJECTS PROPOSED BY THE INVESTORS

Article 20. Conditions for making project proposal

1. Investors may propose the projects other than the ones approved by Ministries, regulatory bodies and provincial People’s Committees and make an announcement about such projects according to the regulation in Section 1 of this Chapter.

2. Requirements for the projects proposed by the investors:

a) The projects shall satisfy the requirements defined in the regulation in Clause 1 Article 15 of this Decree;

b) The investor being a state-owned enterprise shall establish a joint venture with another enterprise when proposing.

Article 21: Project proposal made by the investor

1. The investor shall make a project proposal documentation and submit it to Ministries, regulatory bodies and provincial People’s Committees.

2. The contents of project proposal:

a) A written proposal for the project execution;

b) The project proposal (including the contents prescribed in Clause 2 and 3 Article 16 of this Decree);

c) A confirmation document about legal personality, capacity and experience of the investor;

d) Previous performance in similar projects (if any);

dd) Other necessary documents used for explaining the project proposal (if any).

Article 22. Appraisal and approval for project proposal made by investors

1. The project proposal of the investor shall be appraised and approved according to the regulation in Article 17 of this Decree within 30 days from the day on which the satisfactory application is received.

2. The Ministry of Planning and Investment shall provide guidance on the implementation of this Article.

Article 23: Announcement about the project proposal made by the investor

1. If the project proposal is approved, Ministries, regulatory bodies and provincial People’s Committees shall make an announcement about the proposal and the information about the investor making such proposal according to the regulation in Article 18 of this Decree.

2. If a project includes contents relating to the intellectual property rights, trade secret, technology or agreements on mobilizing capital used for a project that needs top secret, then investors shall make a deal with Ministries, regulatory bodies and provincial People’s Committees on the contents of the announcement.