Chương I Nghị định 29/2021/NĐ-CP: Quy định chung

Chapter I

GENERAL

Article 1. Scope

This Decree provides for:

1. Procedures for appraising and deciding investment guidelines, and deciding investment in projects of national significance as specified in the Law on Public Investment and Law on Construction; procedures for appraising and deciding investment guidelines, approving projects subject to decision on their investment guidelines by the National Assembly as specified in the Law on Public – Private Partnership Investment; procedures for appraising and approving investment guidelines of projects subject to approval for their investment guidelines by the National Assembly as specified in the Law on Investment.

2. Supervision and assessment of investment programs and projects, overall assessment and supervision by the public of investment in Vietnam and outward investment; cost of supervision and assessment of investment; entitlements and responsibilities of agencies, units, organizations and individuals involved in supervision and assessment of investment.

3. Regulations of law on securities shall apply to supervision and assessment of securities investment.

4. Supervision and assessment of investment programs/projects funded by official development aid (ODA) and concessional loans given by foreign sponsors shall comply with this Decree; differences due to the use of such capital sources shall comply with regulations of law on management and use of ODA and concessional loans given by foreign sponsors, and relevant international treaties.

Article 2. Regulated entities

This Decree applies to:

1. Organizations and individuals related to projects of national significance as specified in the Law on Public Investment and Law on Construction; projects subject to decision on their investment guidelines by the National Assembly as specified in the Law on Public – Private Partnership Investment; projects subject to approval for their investment guidelines by the National Assembly as specified in the Law on Investment.

2. Agencies, units, organizations and individuals responsible for supervision and assessment of investment, and agencies, units, organizations and individuals involved in supervision and assessment of investment.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “investment supervision” means activities that involve investment monitoring and inspection. Investment supervision includes supervision of investment programs/projects and overall investment supervision.

2. “monitoring of investment program/project” means regular and periodic activities that involve update of information about progress of the project; consolidation, analysis and evaluation of information, proposal of plans serving the issuance of decisions by regulatory authorities in order to ensure the project’s adherence to its objectives and schedule, quality, and capacity of determined resources.

3. “investment program/project inspection” means periodic or ad hoc activities meant to inspect the conformity with regulations on project management of relevant organizations and individuals; promptly discover errors and weaknesses in project management as prescribed by law; request competent authorities to resolve difficulties that arise and deal with acts against regulations on project management; supervise the implementation of measures for resolving discovered issues.

4. “investment program/project assessment” means periodic or ad hoc activities meant to determine the extent of target accomplishment compared to the investment decision or assessment standards established by the state at a certain point of time. Investment program/project assessment includes: initial assessment, midterm assessment, terminal assessment, impact assessment, and ad hoc assessment.

5. “initial assessment” means assessment carried out right after the investment program/project is commenced in order to compare current developments of the project with that at the time of approval to take appropriate measures.

6. “midterm assessment” means assessment carried out in the middle of the approved schedule or after each stage (if the program/project is divided into multiple stages) in order to examine the progress of the program/project from the beginning and propose necessary changes.

7. “terminal assessment” means assessment carried out right after the completion of the investment program/project in order to examine the results and draw valuable lessons.

8. “impact assessment” means assessment carried out at an appropriate time after the third year from the day on which the program/project is put into operation in order to clarify the effectiveness, sustainability, and socio-economic impact compared to initial targets.

9. “ad hoc assessment” means assessment carried out upon occurrence of unexpected difficulties or impacts during the progress of the program/project.

10. “public supervision of investment” means voluntary activities of the residents within a commune, ward or town (hereinafter referred to as “commune”) meant to monitor, inspect the adherence to regulations on investment management of relevant entities during the investment process; discover and request competent authorities to deal with violations against regulations on investment (except for programs/projects classified as the state secret as prescribed by law).

11. “overall investment supervision” means regular monitoring and periodic inspection carried out as planned or extraordinarily during the investment process by regulatory bodies and local authorities in order to promptly discover and rectify misconducts and errors to ensure adherence to the planning, plan, targets, and ensure effectiveness.

12. “overall investment monitoring” means regular and periodic update of information about investment and management of investment by regulatory bodies and local authorities; consolidation, analysis, evaluation of information; proposal of mechanisms and policies related to investment management.

13. “overall investment inspection” means periodic or ad hoc activities by regulatory bodies meant to inspect the conformity with regulations on investment management; promptly discover and rectify errors and weaknesses; ensure conformity of investment management with regulations of law; discover and request competent authorities to deal with difficulties that arise or violations against regulations on investment management; supervise the implementation of measures for resolving discovered issues.

14. “overall investment assessment” means periodic activities meant to analyze and evaluate investment results of the whole economy, each sector, and each administrative division; determine the extent of achievement compared to the planning/plan in each stage or period; analyze the factors that affect investment result; propose solutions for raising investment effectiveness in the current or next period.

15. “component project of public investment program” means a group of related activities meant to achieve one or some specific targets of the program within a specific administrative provision, in a defined period of time, and based on determined resources.

16. “component project owner” means an agency or organization tasked with presiding over a component project of the public investment program.

17. “operator” means an agency or organization tasked with operating a project.

18. “investment project funded by other capital sources” means an investment project that are not funded by state budget.

19. “non-public investment state capital” means the state capital specified in the Law on Bidding 2013, exclusive of the public investment capital prescribed by the law on public investment.

20. “project of national significance” (hereinafter referred to as “PNS”) means a project of national significance specified in the Law on Public Investment and Law on Construction; project subject to decision on its investment guidelines by the National Assembly as specified in the Law on Public – Private Partnership Investment; project subject to approval for its investment guidelines by the National Assembly as specified in the Law on Investment.