Chương V Nghị định 29/2021/NĐ-CP: Hồ sơ, thủ tục và nội dung thẩm định quyết định đầu tư, quyết định điều chỉnh dự án quan trọng quốc gia

Chapter V

DOCUMENTATION, PROCEDURES AND CONTENTS OF APPRAISAL OF DECISION ON INVESTMENT GUIDELINES AND DECISION ON ADJUSTMENTS TO PNS

Section 1. DOCUMENTATION, PROCEDURES AND CONTENTS OF APPRAISAL OF DECISION ON INVESTMENT IN PNS FUNDED BY PUBLIC INVESTMENT CAPITAL

Article 35. Documentation and procedures for application for appraisal

1. Documentation submitted by a project owner or authority assigned to prepare investment to apply for appraisal to the supervisory authority includes:

a) An application form submitted by the project owner to the supervisory authority;

b) A feasibility study report;

c) The National Assembly’s resolution on approval of investment guidelines of the PNS;

d) Other relevant documents (if any).

2. Documentation submitted by the supervisory authority to apply for appraisal includes:

a) An application form submitted to the Prime Minister;

b) A feasibility study report;

c) The National Assembly’s resolution on approval of the investment guidelines of the PNS;

d) Other relevant documents (if any).

3. The competent authority shall submit 01 set of documents as prescribed in Clause 2 of this Article as a report to the Prime Minister, and concurrently submit 20 sets of documents to the Ministry of Planning and Investment.

4. Within 15 days from the receipt of the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 hereof.

5. The Council shall appraise the project dossiers within 90 days from the date of establishment. If an inspection consultant is hired, the time limit for appraisal by the Council begins from the date on which the official inspection result given by the inspection consultant is available.

6. Documentation submitted by the Council to the Prime Minister includes:

a) The documents specified in Clause 2 of this Article;

b) An appraisal report prepared by the Council;

c) Other relevant documents (if any).

7. The Prime Minister shall consider and give his opinions on the decision to invest in PNS in accordance with the Government’s working regulations.

Article 36. Contents of appraisal of decision on investment in PNS

1. Appraisal contents are composed of:

a) Assessment of project dossiers: legal bases, components and contents of dossiers in accordance with applied regulations;

b) Necessity of the project;

c) Conformity of the project with socio – economic development strategies and plans, and relevant planning in accordance with the law on planning; conformity with investment guidelines approved by the competent authority;

d) Assessment of analysis, determination of objectives, duties and outputs of the project; analysis and selection of the project scale; form of investment; analysis of natural conditions, economic and technical conditions, selection of investment project location;

dd) Assessment of demands for land to be used; conditions for land allocation, lease and permission for land repurposing in accordance with laws on land (if any);

e) Assessment of time, progress of project execution, main time periods of project execution; investment phasing;

g) Assessment of source of materials; machinery, equipment; plan for selection of technology, technique and equipment;

h) Assessment of environmental impacts (if any) in accordance with regulations of law on environmental protection; fire and explosion prevention; national defence and security assurance and other factors;

i) Assessment of the total investment: bases for determination and level of accuracy of the total investment; capital source structure and feasibility of capital raising plans; competence in capital raising in conformity with the progress of project execution; competence in capital recovery and loan repayment;

k) Costs of operation, maintenance, overhaul and major repair during the period of operation of the project;

l) Assessment of investment efficiency, including financial efficiency, and socio-economic efficiency and impacts of the project; widespread effects of the project on development of industries, sectors, territories and localities; on creation of additional budget revenues, employment, income and lives of residents; effects on environment and sustainable development;

m) Risk analysis; workforce training (if any);

n) Assessment of the planning for compensation, site clearance, relocation, farming and residential relocation (if any);

o) Assessment of conduct of management of the project, including determination of the project owner; form of project management; relationship and responsibility of entities relating to the process of project execution, organization of the mechanism for management and operation of the project.

2. As for any project with a construction constituent, in addition to assessment of the contents stipulated in Clause 1 of this Article, appraisal of the fundamental design plan in accordance with laws on construction must be carried out. To be specific:

a) Conformity of fundamental design solutions with design tasks; list of applicable standards;

b) Compliance with regulations of law on preparation of the fundamental design; the fulfillment of construction operation capability conditions by organizations and individuals practicing construction;

c) Conformity of the fundamental design with construction planning and other detailed planning as prescribed by the Law on Planning or the plan on the line of works and the construction location approved by competent authorities;

d) For the urban area construction investment project, the regional infrastructure connectivity; the fulfillment of technical infrastructure requirements and assignment of responsibility to manage the works in accordance with relevant regulations of law;

dd) Conformity of fundamental design solutions to ensuring construction safety;

e) Compliance with technical regulations and application of standards in accordance with regulations of law on technical regulations and standards.

Section 2. DOCUMENTATION, PROCEDURES AND CONTENTS OF APPRAISAL OF APPROVAL FOR PPP PROJECTS

Article 37. Documentation and procedures for application for appraisal

1. Documentation submitted by competent authorities to apply for appraisal shall comply with Clause 1 Article 20 of the Law on Public – Private Partnership Investment.

2. The competent authority shall submit 01 set of documents as prescribed in Clause 1 of this Article as a report to the Prime Minister, and concurrently submit 20 sets of documents to the Ministry of Planning and Investment.

3. Within 15 days from the receipt of the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 hereof.

4. The Council shall appraise the project within 90 days from the date of establishment. If an inspection consultant is hired, the time limit for appraisal by the Council begins from the date on which the consultant hiring contract is signed.

5. Documentation submitted by the Council to the Prime Minister for consideration and decision on investment in the project shall comply with Article 22 of the Law on Public – Private Partnership Investment.

6. The Prime Minister shall consider and give his opinions on the decision to invest in PNS in accordance with the Government’s working regulations.

Article 38. Contents of appraisal of approval for projects

1. Appraisal contents are composed of:

a) Assessment of project dossiers: legal bases, components and contents of dossiers in accordance with applied regulations;

b) Necessity of investment;

c) Conformity with socio – economic development strategies and plans, and relevant planning in accordance with the law on planning; conformity with investment guidelines approved by the competent authority;

d) Assessment of objectives, scale, location, time, progress of execution of projects, demand for use of land and other natural resources;

dd) Assessment of analysis, preliminary choice in terms of key technology and techniques, and conditions for supply of raw materials, equipment, energy, services and infrastructural facilities;

e) Assessment of analysis and selection of investment plans and scale of investment constituents;

g) Assessment of the compensation, assistance, land clearance and relocation plan;

h) Assessment of environmental impacts (if any) prescribed by the law on environmental protection;

i) Assessment of determination of the total investment;

k) Assessment of determination of costs of operation, maintenance, overhaul and major repair during the period of operation of the project;

l) Assessment of division of investment phases or component or subordinate projects (if any);

m) Assessment of investment efficiency in terms of finance, society, economy; effects of PPP projects on the community and population living within these projects; effects of projects on national defense, security and sustainable development; capital recovery;

n) Relevance of the PPP contract type;

o) Mechanism for distribution of revenue reductions;

p) Funding sources and capital balancing capability of PPP projects funded by state capital;

q) Assessment of form of project management;

r) Plans for organization of management, business or provision of public products and services;

s) Assessment of particular mechanisms and policies; investment incentives and assistance and conditions for application thereof (if any).

2. As for any project with a construction constituent, in addition to assessment of the contents stipulated in Clause 1 of this Article, appraisal of the fundamental design plan in accordance with laws on construction must be carried out. To be specific:

a) Conformity of fundamental design solutions with design tasks; list of applicable standards;

b) Compliance with regulations of law on preparation of the fundamental design; the fulfillment of construction operation capability conditions by organizations and individuals practicing construction;

c) Conformity of the fundamental design with construction planning and other detailed planning as prescribed by the Law on Planning or the plan on the line of works and the construction location approved by competent authorities;

d) For the urban area construction investment project, the regional infrastructure connectivity; the fulfillment of technical infrastructure requirements and assignment of responsibility to manage the works in accordance with relevant regulations of law;

dd) Conformity of fundamental design solutions to ensuring construction safety;

e) Compliance with technical regulations and application of standards in accordance with regulations of law on technical regulations and standards.

Section 3. DOCUMENTATION, PROCEDURES AND CONTENTS OF APPRAISAL OF ADJUSTMENTS TO PNS FUNDED BY PUBLIC INVESTMENT CAPITAL

Article 39. Documentation and procedures for application for appraisal

1. Documentation submitted by a project owner to apply for appraisal of adjustments to the investment project includes:

a) An application form for appraisal of adjustments to the investment project;

b) Adjusted feasibility study report;

c) A report on supervision and assessment of adjustments to the investment project;

d) Other relevant documents (if any).

2. The project owner shall submit the documents specified in Clause 1 of this Article to the supervisory as a report to the Prime Minister.

3. Documentation submitted by the supervisory authority to apply for appraisal of adjustments to the investment project includes:

a) An application form submitted to the Prime Minister;

b) The documents specified in Clause 1 of this Article;

4. The competent authority shall submit 01 set of documents as prescribed in Clause 3 of this Article as a report to the Prime Minister, and concurrently submit 20 sets of documents to the Ministry of Planning and Investment.

5. Within 15 days from the receipt of the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 hereof.

6. The Council shall appraise the project within 90 days from the date of establishment. If an inspection consultant is hired, the time limit for appraisal by the Council begins from the date on which the consultant hiring contract is signed.

7. Documentation submitted by the Council to the Prime Minister includes:

a) The documents specified in Clause 3 of this Article;

b) A report on appraisal of adjustments to the project prepared by the Council;

c) Other relevant documents (if any).

8. The Prime Minister shall consider and give his opinions on the decision to adjust the project in accordance with the Government’s working regulations.

Article 40. Contents of appraisal of adjustments to the project

All adjustments must be appraised in the similar manner to those referred to in Article 36 hereof.

Section 4. DOCUMENTATION, PROCEDURES AND CONTENTS OF APPRAISAL OF ADJUSTMENTS TO PPP PROJECTS

Article 41. Documentation and procedures for application for appraisal

1. Documentation submitted by a competent authority to apply for appraisal of adjustments to the project includes:

a) An application form for appraisal;

b) A draft application form for approval for adjustments;

c) Adjusted feasibility study report;

d) Decision on investment guidelines;

dd) A report on supervision and assessment of adjustments to the investment project;

e) Other relevant documents (if any).

2. The competent authority shall submit 01 set of documents as prescribed in Clause 1 of this Article as a report to the Prime Minister, and concurrently submit 20 sets of documents to the Ministry of Planning and Investment.

3. Within 15 days from the receipt of the project dossiers, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 hereof.

4. The Council shall appraise the project dossiers within 90 days from the date of establishment. If an inspection consultant is hired, the time limit for appraisal by the Council begins from the date on which the consultant hiring contract is signed.

5. Documentation submitted by the Council to the Prime Minister for consideration and decision on investment in the project shall comply with Clause 4 Article 24 of the Law on Public – Private Partnership Investment.

6. The Prime Minister shall consider and give his opinions on the decision to adjust the project in accordance with the Government’s working regulations.

Article 42. Contents of appraisal of adjustments to the project

All adjustments must be appraised in the similar manner to those referred to in Article 38 hereof.