Chương IV Nghị định 15/2015/NĐ-CP: Lập, thẩm định và phê duyệt báo cáo nghiên cứu khả thi

Chapter IV

FORMATION, APPRAISAL AND APPROVAL FOR FEASIBILITY STUDY REPORTS

Article 24. Responsibility for the formation of the feasibility study report

1. Ministries, regulatory bodies, provincial People’s Committees shall make a feasibility study report on the project as the basis of the formation of invitation for bid for investor selection and the contract negotiation .

2. With regard to the project that is proposed by the investor and approved according to the regulation in Article 22 of this Decree, Ministries, regulatory bodies and provincial People’s Committees shall request the investor to make the feasibility study report.

3. Assigning investors to prepare the feasibility report shall be carried out according to the written agreement between the Ministries/regulatory bodies/provincial People’s Committees and the investor. The agreement shall specify the purposes, requirements and expenses for the feasibility study report, expense for independent consultants who are hired to carry out the appraisal, and the approaches to the case in which another investor is selected for executing the project.

Article 25. Contents of feasibility study report

1. The feasibility study report of the project shall include:

a) A detailed analysis of the need for the investment and the advantages of the project in comparison with other form of investment; the type of the project contract;

b) An evaluation report on conformity of the project with the planning, the development plan and the conditions prescribed in Clause 1 Article 15 of this Decree;

c) The target, the scope, the components (if any) and the location of the project; the demand for land and other resources;

d) A description of the technique, technology to satisfy the requirements for the quality of the works, products or the supply services;

dd) An assessment on the current conditions of works, machinery, devices, the value of property (applied to the O&M contracts); the conditions for carrying out other project (applied to the BT contracts);

dd) The project progress and time limit; the duration of the construction and development of the works; the plan for the management, operation or service supply;

g) A general plan for indemnity, site clearance and resettlement;

h) The project financial plan (including the contents prescribed in Point h Clause 2 Article 16 of this Decree);

i) The capital mobilization for the project; evaluation of the need and the liquidity ratio of the market; the survey on the interest of the investors and the lenders in the project;

k) An analysis of risk, responsibilities of the parties for the risk management during the execution of the project;

l) A petition for investment incentive and guarantee (if any)

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

2. With regard to the project including building components, apart from the contents prescribed in Clause 1 of this Article, the feasibility study report shall include the fundamental design according to the regulations on construction.

3. Group C project may be not required to have feasibility study report. However, fundamental design and project financial plan shall be included in the project proposal as the basis for investor selection and project contract negotiation.

4. Ministries, regulatory bodies shall cooperate with the Ministry of Planning and Investment in providing guidance on the contents of feasibility study report provided that these contents conform to the performance and project management of the regulatory bodies.

Article 26. Appraisal of feasibility study report

1. Authority to appraise for feasibility study report:

a) The national appraisal board is in charge of appraising the projects of national importance;

b) Ministers, Heads of ministerial-level agencies, Presidents of the provincial People’s Committees shall request the central units in charge of the execution of the PPP to carry out the appraisal of group A and B project.

2. The documents that must be included in the appraisal of feasibility study report are:

a) The project appraisal report;

b) The feasibility study report;

c) Relevant materials or legal documents.

3. Contents of the appraisal:

a) The need of the project; the correlation between the project and the planning, the program for the development of specific sector, region and local area; the necessity and the advantage of the project in the form of public-private partnership in comparison with other form of investment;

b) The evaluation of the basic factors that can affect the project: the target and the appropriacy in terms of scope, location of the project; requirements for technical design, technology; plans for project management and operation or service supply;

c) The feasibility of the project: the financial plan, the mobilization of resources for the execution of the project; the demand for land, site clearance and resources; the ability to supply goods and services, solutions to meeting the demand, the payment ability of the users; risks of the construction, development, project management and the measures to be taken to reduce the risks; the interest of the investors and the lenders in the project;

d) The effect of the project: The results and the positive impacts of the project on the socio-economic development; the impacts on the environment, society and national defense and security;

dd) Other necessary information.

4. The time limit for the appraisal of feasibility study report:

a) For the projects of national importance: not later than 90 days;

b) For group A projects: not later than 40 days;

c) For group B projects: not later than 30 days.

5. The appraisal agency may hire consultants to appraise part or all of contents prescribed in Clause 3 of this Article.

Article 27. Authority to approve the feasibility study report

1. The Prime Minister shall be responsible for the approval for feasibility study report of the projects of national importance.

2. Ministers, Heads of ministerial-level agencies, Presidents of the provincial People’s Committees are responsible for the approval for feasibility study report of group A and B projects, excluding the projects in the field of national defense, security and religion that are funded by the ODA and the concessional loans from the foreign sponsors.

Article 28. Adjustment to the feasibility study report

1. The feasibility study report shall be adjusted in the following cases:

a) The project is affected by natural disasters or other force-majeure events;

b) There are elements that may make the project more effective;

c) There is any change in the planning that directly entails changes to the target, location and scope of the project;

d) The project fails to attract the investor after the survey, initial selection or bidding;

dd) Other cases according to the regulations by the Prime Minister.

2. Procedures for the appraisal, approval and feasibility study report adjustment shall be carried out according to the regulation in Article 26 and 27 of this Decree.