Chương X Nghị định 15/2015/NĐ-CP: Trách nhiệm quản lý nhà nước về đầu tư theo hình thức đối tác công tư

Chapter X

RESPONSIBILITIES FOR STATE MANAGEMENT OF INVESTMENT PROJECTS UNDER THE FORM OF A PUBLIC-PRIVATE PARTNERSHIP CONTRACT

Article 64. Responsibilities of the Ministry of Planning and Investment

1. Help the Government to consistently manage investment activities in the form of public-private partnerships across the country.

2. Preside over and collaborate the Ministries or regulatory agencies concerned in providing guidance on the implementation of regulations on management and use of funds for the preparation of investment; procedures for transformation of investment projects funded by public investment capital; documentation and procedures that must be submitted or followed to approve the proposed investment project; records and procedures that must be submitted or followed to issue, amend and revoke the investment registration certificate; use of the state funding for the project; transfer of rights and obligations under the project agreement and other matters within their delegated authority specified herein.

3. Verify and submit the result of verification of similar investment projects proposed by the Ministries, provincial People's Committee to the Prime for consideration and decision.

4. Preside over and collaborate with the Ministry of Finance in formulating the general plan to use the State investment in the project; manage the state funding for project preparation.

5. Collaborate with the Ministry of Finance in providing guidance on the disbursement of State investment in the project.

6. Grant, adjust and revoke investment registration certificates under their jurisdiction; appraise State investment in the project within their jurisdiction; give their advice on matters inside their area of competence at the request of the Ministries and provincial People's Committees.

7. Preside over and cooperate with Ministries, provincial People's Committee in inspecting the proposal in which other forms of investment are specified in this Decree.

8. Preside over and collaborate with Ministries, regulatory agencies and provincial People's Committees in monitoring, testing, inspecting, reporting and assessing the implementation of the projects throughout the country.

9. Establish and manage the system of national information, national database on public-private partnership investment.

10. Organize training sessions to enhance the capability of implementing investment projects in the form of public-private partnerships.

11. Perform other duties and exercise other powers as prescribed by law.

Article 65. Responsibilities of the Ministry of Finance

1. Provide guidance on cost of preparing and implementing investment projects of ministries, provincial People's Committees; mechanisms for implementation of investment projects under contract BT; the financial plan of the project; final settlement of construction projects and other related matters within their jurisdiction specified in this Decree.

2. Preside over and cooperate with the Ministry of Planning and Investment in providing guidance on disbursement of state investment in the project.

3. Cooperate with the Ministry of Planning and Investment in planning to use state investment in the project, and managing state funding for investment preparation.

4. Give their advice on the measures relating to investment guarantee and investment incentives.

5. Give their opinions on issues within their assigned duties or delegated powers at the request of the Ministries, provincial People's Committee.

6. Aggregate and evaluate data and figures concerning the public debt of the projects and the financial obligations of the Government.

7. Perform other assigned duties and exercise other delegated powers as prescribed by law.

Article 66. Responsibilities of the Ministry of Justice

1. Provide legal advice on the project contract, the Government guarantee and documents related to the project signed by state agencies.

2. Participate in the negotiation of issues relating to applicable law, dispute settlement, government guarantees, other legal issues relating to project contracts and other similar contracts at the request of the Ministries and provincial People's Committee.

3. Perform other assigned duties and exercise other delegated powers as prescribed by law.

Article 67. Responsibilities of the State Bank of Vietnam

1. Provide their advice on the possibility of ensuring the balancing of foreign currency for the project at the request of Ministries, provincial People's Committees; aggregate demands for foreign currency of projects and manage the State's foreign exchange reserves to ensure the ability to balance an amount of foreign currency for the project.

2. Get involved in verifying issues within their assigned duties or delegated powers at the request of Ministries and provincial People's Committees.

3. Perform other assigned duties and exercise other delegated powers as prescribed by law.

Article 68. Responsibilities of the Ministry of Construction

1. Providing guidance on the implementation of regulations on project supervision and quality control and the determination of operating costs of the project management units.

2. Get involved in verifying issues within their assigned duties or delegated powers at the request of Ministries and provincial People's Committees.

3. Perform other assigned duties and exercise other delegated powers as prescribed by law.

Article 69. Responsibilities of Ministries and regulatory bodies

1. Perform the state management of investment in the form of public-private partnerships within their jurisdiction.

2. Formulate, announce projects that fall under their authority.

3. Preside over and cooperate with the Ministry of Planning and Investment in providing guidance on the implementation of the provisions enshrined in this Decree.

4. Provide their advice on relevant matters within their area of competence at the request of the Ministries, provincial People's Committee.

5. Aggregate and report information about the implementation of projects within the jurisdiction of specific regulatory agencies.

6. Request the Prime Minister to consider and decide the implementation of the forms of investment guarantee, which have not been governed in this Decree.

7. Perform other assigned duties and exercise other delegated powers as prescribed by law.

Article 70. Responsibilities of provincial People's Committees

1. Perform the state management of investment in the form of public-private partnership arrangements in the province under the Government’s delegation of authority.

2. Formulate and announce local projects.

3. Verify issue, amend, and revoke the investment registration certificate within their jurisdiction.

4. Provide their advice on matters within their assigned duties and delegated powers at the request of the Ministries, provincial People's Committee.

5. Aggregate, evaluate information about the execution of the projects that fall inside their area of competence.

6. Preside over, cooperate with regulatory agencies in carrying out site clearance for the implementation of the project.

7. Request the Prime Minister to consider, decide the implementation of investment projects in the other forms of investment guarantees that have not been governed in this Decree.

8. Perform other assigned duties and exercise other delegated powers according to the legal regulation.