Chương IX Nghị định 29/2021/NĐ-CP: Chi phí thực hiện giám sát, đánh giá đầu tư

Chapter IX

COSTS OF INVESTMENT SUPERVISION AND ASSESSMENT

Article 88. Costs of and sources of capital for investment supervision and assessment

1. Costs of supervision and assessment of investment are the costs necessary for agencies, organizations and individuals to supervise and assess investment as prescribed by this Decree.

2. Sources of capital for investment supervision and assessment:

a) The costs of supervision and assessment of investment carried out by competent authorities shall be covered by their budgets and regular funding sources for supervision and assessment of investment according to their annual plans;

b) The costs of supervision and assessment of investment carried out by program owners, project owners and authorities signing PPP project contracts or organizations hired by such authorities shall be included in the total investment of the programs/projects;

c) The costs of supervision and assessment of investment carried out by operators shall be included in the costs of project operation;

d) The costs of public supervision of investment covered by the state budget according to annual plans of Vietnamese Fatherland Front Committees of communes shall be covered by the communes.

3. Maximum costs of investment supervision and assessment:

a) The cost of investment supervision carried out by a program owner, project owner or authority signing the PPP project contract is 10% of the program/project management cost;

b) The cost of investment assessment is expressed in percentage of the cost of management of a program/project in accordance with applicable regulations as follows: cost of initial assessment: 2%; cost of midterm assessment: 2%; cost of terminal assessment: 3%; cost of ad hoc assessment: 3%.

If the maximum cost is inappropriate or the program/project is on a large scale or it is necessary to hire a foreign consultant or domestic-foreign joint venture, a cost estimate shall be made to determine the cost.

4. The agencies, organizations, and individuals assigned to carry out supervision and assessment of investment in this Decree have the responsibility to use the state budget or other sources of capital for intended purposes and in an economical and efficient manner according to applicable regulations on financial management of the State and this Decree.

Article 89. Specific costs of supervision and assessment of investment

1. Costs of monitoring investment programs/projects:

a) Expenditures on stationery, supplies and equipment directly serving the monitoring of investment programs/projects;

b) Costs of communication directly serving the monitoring of investment programs/projects;

c) Cost of photocopying, typing, sending documents and reports;

d) Administrative costs of meetings and conventions;

dd) Costs of making periodic reports;

e) Costs of provision of training;

g) Cost of making and updating reports on investment supervision and assessment, and operating the investment supervision and assessment information system.

2. Costs of inspection of investment programs/projects:

a) Expenditures on stationery, supplies and equipment directly serving the inspection of investment programs/projects;

b) Costs of communication directly serving the inspection of investment programs/projects;

c) Cost of photocopying, typing, sending documents and reports;

d) Administrative costs of meetings and conventions;

dd) Travel costs (including luggage charges); allowance for accommodations during business trips;

e) Costs of making inspection result reports.

3. Costs of assessment of investment programs/projects:

a) Expenditures on stationery, supplies and equipment directly serving the assessment of investment programs/projects;

b) Costs of communication directly serving the assessment of investment programs/projects;

c) Cost of photocopying, typing, sending documents and reports;

d) Administrative costs of meetings and conventions;

dd) Travel costs (including luggage charges); allowance for accommodations during business trips;

e) Costs of making assessment result reports.

g) Costs of hiring experts and consultants.

4. Costs of overall investment supervision and assessment:

a) Expenditures on stationery, supplies and equipment directly serving the overall investment supervision and assessment;

b) Costs of communication directly serving the overall investment supervision and assessment;;

c) Cost of photocopying, typing, sending documents and reports;

d) Administrative costs of meetings and conventions;

dd) Travel costs (including luggage charges); allowance for accommodations during business trips;

e) Costs of making reports on overall investment inspection results;

g) Costs of making reports on overall investment supervision and assessment results;

h) Costs of hiring experts and consultants.

5. The costs of operating the investment supervision and assessment information system shall comply with Article 101 of this Decree.

6. Costs of public supervision of investment:

a) Costs of stationery and communication serving public supervision of investment;

b) Cost of photocopying, typing, sending documents and reports on public supervision of investment;

c) Administrative costs of meetings and conventions about public supervision of investment;

d) Costs of provision of training courses on public supervision of investment;

dd) Liability payment for members of Public Investment Supervision Boards.

Article 90. Management and use of funding for supervision and assessment of investment

1. Funding for supervision and assessment of investment by owners of public investment programs and owners of public investment projects shall comply with regulations on cost management of investment programs/projects.

2. Management and use of funding for supervision and assessment of investment by investment deciders, investors in projects funded by non-public investment state capital and regulatory authorities competent to conclude and execute PPP contracts shall comply with Clause 1 of this Article.

3. Funding for supervision and assessment of investment by investors in projects funded by other sources of capital: investors shall manage and use the funding for supervision and assessment of investment on a case-by-case basis.

4. Management and use of funding for supervision and assessment of investment by competent authorities.

a) Authorities in charge of supervision and assessment of investment shall make annual plans and estimates of costs of supervision and assessment of investment. The cost estimate shall be made according to the plan for supervision and assessment of investment, the specific costs mentioned in Article 89 of this Decree, and the limits prescribed by applicable regulations;

b) Funding for supervision and assessment of investment shall comply with regulations on management and use of sources of administrative and regular funding of competent authorities or the Law on State Budget;

c) In case an authority hires a consultancy to assess the program/project, the cost management in which case is the same as management of cost of consultancy services. Advance and payment for hiring a consultancy to assess the program/project shall comply with current regulations on management of payments for investment and construction consultancy.

5. Management and use of funding for public supervision of investment

a) Funding for public supervision of investment in a commune is included in the cost estimate of Vietnamese Fatherland Front Committee of the commune, which is covered by the commune budget. The minimum funding for public supervision of investment is VND 10 million per year and varies according to the plan for public supervision of investment made by the People’s Council of the commune.

The estimation, provision and statement of funding shall be done by Public Investment Supervision Board in accordance with regulations on management of commune budget and other financial activities of the commune;

b) Funding for propagation, provision of training courses, guidance and review of public supervision of investment of each district and province shall be included in the cost estimate of Vietnamese Fatherland Front Committee of the district/province and covered by the budget of the district/province.

6. The estimation and management of funding for supervision and assessment of investment shall comply with applicable regulations.