Chương II Nghị định 29/2021/NĐ-CP: Tổ chức và phương thức hoạt động của hội đồng thẩm định nhà nước

Chapter II

ORGANIZATIONAL STRUCTURE AND MODALITY OF OPERATION OF STATE APPRAISAL COUNCIL

Article 4. Organizational structure, responsibilities and entitlements of the State Appraisal Council

1. The State Appraisal Council (hereinafter referred to as “the Council”) established under the Prime Minister's decision for specific projects shall be tasked with carrying out appraisal of PNS (pre-feasibility study report or feasibility study report) for submission to the National Assembly with a view to seeking its decision on investment guidelines or for reporting to the Prime Minister to apply for the investment decision. 

2. The Council is composed of the Chairperson, the Vice Chairperson and other members of the Council. The Chairperson of the Council is the Minister of Planning and Investment; the Vice Chairperson and other members of the Council are senior representatives of ministries and relevant agencies decided by the Prime Minister at the request of the Ministry of Planning and Investment.

3. The Chairperson, Vice Chairperson and members of the Council shall be held accountable to the Prime Minister for organizing appraisal and appraisal activities according to their assigned duties; giving the Council’s assessment opinions on appraisal results, conclusions and recommendations regarding assigned contents of PNS, and according to the Council’s operating regulations.

4. The Council is entitled to:

a) Consider and decide issues relating to work contents, programs and plans of the Council and other related matters during the process of appraisal of PNS;

b) Request project owners, investors or authority assigned to prepare investment to provide relevant documents during the process of appraising PNS, pay costs of inspection and appraisal according to the approved budget estimate and progress of appraisal contents;

c) Request the consultancy contractor (or relevant authority) to provide relevant documents during the process of inspecting and appraising PNS.

5. The Council shall work on a collective basis and shall be subject to the direction of the Chairperson of the Council. The meeting of the Council shall be considered valid if it is attended by at least 50% of members (including authorized persons). Conclusive opinions must be unanimously approved under the majority rule. In case of a tie and affirmative votes are cast by at least 50% of the members (including those making their presence at the meeting and those casting their votes by sending their documents to the Council), the issue shall be passed by the Chairperson's casting his deciding vote.

The final resolution in which appraisal contents of PNS are passed for submission to the Government and the Prime Minister must be voted for by at least 2/3 of the Council’s membership. Opinions obtained from members of the Council shall be delivered by voting at the meeting or in writing to the Council.

6. The Council shall be automatically dissolved after all stipulated appraisal duties have been completed.

Article 5. Responsibilities and entitlements of the Council

1. Consider approving the appraisal plan after receiving opinions from the Council, decide to convene the Council’s meetings, preside over such meetings; assign responsibilities to the Vice Chairperson and members of the Council.

2. Decide to establish the interdisciplinary Appraisal Expert Group depending on work duties in specific PNS.

3. Where necessary, the Council’s Chairperson may authorize one Vice Chairperson to convene and preside over the Council’s meetings or report to the Government on certain contents or work duties directly undertaken by the Vice Chairperson.

4. Decide to hire and select a consultant in inspection of PNS in accordance with regulations laid down in Articles 10 and 11 hereof.

Article 6. Responsibilities and entitlements of the Council’s Vice Chairperson

1. Assist the Council’s Chairperson in directing operations of the Council; monitor and perform duties of the Council assigned by the Council's Chairperson; regularly make a review report on the Council's performance.

2. Assist the Council’s Chairperson in reviewing and assessing reports on specialized matters and the Council's other activities for submission to the Prime Minister.

Article 7. Responsibilities and entitlements of the Council’s members

1. Consider opinions as to contents of appraisal of PNS related to the fields within the jurisdiction of Ministries, agencies and localities under their management and as to general matters of PNS according to the Council’s appraisal plan.

2. Mobilize workforce, working equipment and research facilities under their management to fulfill their assigned duties.

3. Fully participate in the Council’s meetings, exchange contributed opinions as to contents of review and appraisal as well as cast their votes for the Council’s conclusions. In some special cases, where it is impossible to participate in a meeting, a Council member must authorize a competent representative to participate in the Council’s meeting and give his/her written opinions as to contents about which opinions are sought.

4. Take responsibility for their appraisal opinions and votes.

Article 8. Duties of the standing body of the Council

The standing body of the Council is the Ministry of Planning and Investment assigned the following duties:

1. Rally the Ministry’s machinery to assist the Council’s Chairperson in carrying out appraisal of PNS and general operations of the Council; cooperate with relevant agencies, interdisciplinary Appraisal Expert Group and Inspection Consultancy Group to perform appraisal tasks.

2. Receive and examine project dossiers, and deliver them to the Council’s members, agencies and units involved.

3. Draw up a plan for appraisal of PNS by adopting the form stipulated in Appendix issued together with this Decree for submission to the Council.

4. Perform other duties assigned by the Council's Chairperson.

5. Archive documents on appraisal of PNS as prescribed.

Article 9. Duties of the interdisciplinary Appraisal Expert Group

1. The interdisciplinary Appraisal Expert Group is an organ established to give assistance to the Council which is composed of experts of ministries, local authorities and other relevant agencies.

2. The interdisciplinary Appraisal Expert Group shall assume the following duties:

a) Prepare contents of the appraisal which are delivered to the Council's members;

b) Prepare modifications or amendments to documentation at the request of the Council’s members during the process of appraisal for submission to the Council;

c) Carry out necessary work contents to assist the Council in choosing an inspection consultant in accordance with Article 11 hereof whenever it is necessary to employ such inspection consultant;

d) Prepare contracts for inspection consultancy, contract settlement records and other relevant documents used for the purpose of payment or settlement of costs of appraisal and inspection of PNS;

dd) Consolidate opinions obtained from the Council’s members, and suggest and request the Council’s Chairperson to review and decide any issue that may arise during the appraisal process;

e) Draft an appraisal report of the Council for submission to the Council’s Chairperson for review and filing of such report to the Government;

g) Implement other work duties assigned by the Council.