Chương VI Nghị định 29/2021/NĐ-CP: Giám sát, đánh giá chương trình đầu tư công

Chapter VI

SUPERVISION AND ASSESSMENT OF INVESTMENT PROGRAMS/PROJECTS

Section 1. SUPERVISION AND ASSESSMENT OF PUBLIC INVESTMENT PROGRAMS

Article 43. Responsibility to supervise public investment program

1. Owners of the program and component projects shall monitor and inspect the investment process of the public investment program according to the approved contents and criteria to ensure achievement of objectives and investment efficiency.

2. The supervisory body and person competent to decide investment (hereinafter referred to as “the investment decider”) in the program shall monitor and inspect the program under their management. Inspection shall be carried out as follows:

a) The program whose investment duration is longer than 12 months shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objective or scale of the project is changed or the total investment is increased.

3. The public investment authority shall monitor and inspect the program under its management.

4. The public investment authority, supervisory authority and person competent to decide the investment guidelines of the program shall decide to organize planned and ad hoc inspections of the program.

Article 44. Contents of supervision by program owner

The program owner shall monitor and inspect the entire process of execution of the program and make a report on the following issues:

1. Management of the program execution: formulation of an overall plan and detailed plan for launching the program; implementation and adjustment of such plans;

2. Progress of program execution: progress of achievement of the program’s objectives; progress of component projects of the program; value of finished works.

3. Implementation of capital investment plan: raising capital for the program; disbursement; outstanding debts accruing from capital construction activities (if any).

4. Capacity for execution of component projects and adherence of owners of component projects to regulations on investment management.

5. Proposed plans for resolving difficulties and issues beyond the program owner’s competence.

Article 45. Contents of supervision by the supervisory body and investment decider in the program

1. Monitoring contents:

a) Adherence to reporting regulations by the program owner and owners of component projects of the program;

b) Formulation, appraisal and approval of projects of the program;

c) Progress of program execution: progress of achievement of the program’s objectives; progress of implementation of the capital investment and disbursement plan; primary difficulties that affect the program execution, and results of resolution thereto;

d) Implementation of measures by the program owner and owners of component projects;

dd) Proposed plans for resolving difficulties and issues beyond the one’s competence.

2. Inspection contents:

a) Management of execution of the program by the its owner and management of execution of component projects by their owners;

b) Implementation of measures for resolving issues taken by relevant agencies and units.

Article 46. Contents of supervision by owners of component projects

1. Monitoring contents:

a) Execution of component projects of the program: setting up, appraisal and approval of investment projects; execution of investment projects; implementation of capital investment and disbursement plan; difficulties that arise, and results of resolution thereto;

b) Proposed plans for resolving difficulties and issues beyond owner’s competence.

2. Inspection contents:

a) Execution and management of component projects;

b) Adherence to regulations on investment management and owner’ capacity of project management;

c) Implementation of measures for resolving discovered issues.

Article 47. Contents of supervision by public investment authorities

1. Monitoring contents:

a) Adherence to reporting regulations by the program owner and owners of component projects of the program;

b) Progress of program execution: progress of achievement of the program’s objectives; progress of implementation of the capital investment and disbursement plan; primary difficulties that affect the program execution and results of resolution thereto;

c) Implementation of measures by the program owner and owners of component projects;

d) Proposed plans for resolving difficulties and issues beyond the one’s competence.

2. Inspection contents:

a) Adherence to regulations on formulation and appraisal of, and decision on investment in projects, and decision on adjustments to projects (if any) of the program;

b) Management and execution of the program by the supervisory authority, program owner and owners of component projects;

c) Implementation of measures for resolving issues taken by relevant agencies and units.

Article 48. Supervision of investment projects of a public investment program

Supervision of investment projects of a public investment program shall comply with Sections 2, 3, 4 and 5 of this Chapter.

Article 49. Assessment of public investment programs

1. A public investment program shall be assessed as follows:

a) Every public investment program must undergo an initial assessment, midterm assessment, terminal assessment and impact assessment;

b) The supervisory body and investment decider shall decide ad hoc assessment of the program where necessary.

2. Responsibility for assessment of public investment programs:

a) The program owner shall carry out the initial assessment, midterm assessment, and terminal assessment;

b) The investment decider shall carry out ad hoc assessment and impact assessment;

c) The public investment authority and supervisory body shall carry out various types of planned and ad hoc assessments of the programs under their management.

3. Assessment contents shall comply with Article 73 of the Law on Public Investment.

4. Assessment of investment efficiency of a public investment program:

a) Method for assessment of investment efficiency of the public investment program: comparative method (comparison between results/data actually collected at the assessment time and the expected objectives/planned data; or comparison between parameters of the project at the assessment time and standard indicators; or combination thereof).

b) Criteria for assessment of investment efficiency of the public investment program: the conformity of the program with national socio-economic objectives, local socio-economic objectives, the conformity between the demand of beneficiaries and the sponsor’s development policies (if any); the level of achievement of investment objectives of the program according to the approved investment decision; actual operation indexes of the program compared with those of an approved program; socio-economic impacts, environmental impacts, and other specific development objectives (such as poverty reduction, gender equality, households benefiting social policies, and priority entities, etc.); adopted measures for minimizing negative social and environmental impacts.

Section 2. SUPERVISION AND ASSESSMENT OF PUBLIC INVESTMENT PROJECTS

Article 50. Responsibility to supervise public investment projects

1. Every project owner shall monitor and inspect the entire investment process of the project according to the approved contents and criteria to ensure achievement of objectives and investment efficiency.

2. Supervisory authorities and investment deciders shall monitor and inspect projects under their management. Inspection shall be carried out as follows:

a) A project whose investment duration is longer than 12 months shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objective or scale of the project is changed or the total investment is increased.

3. Public investment authorities and specialized regulatory authorities shall monitor and inspect projects under their management.

4. Public investment authorities, specialized regulatory authorities, supervisory authorities and investment deciders shall decide to organize planned and ad hoc inspections of projects.

Article 51. Contents of supervision by the project owner and operator

1. The project owner shall monitor and inspect the entire process of execution of the program and make a report on the following issues:

a) Management of the project execution: formulation of an overall plan and detailed plan for project execution; implementation and adjustment of such plans;

b) Execution of the project: progress, amount and value of finished works; work quality; fluctuation during the project execution;

c) Implementation of capital investment plan: raising capital for the project; disbursement (advance, advance withdrawal and payment); financial statement after the project is complete, outstanding debts accruing from capital construction activities (if any) and settlement thereof;

d) Capacity for project execution and adherence to regulations on investment management of the project management board and contractors;

dd) Difficulties that arise during the execution of the project and resolution thereto;

e) Proposed plans for resolving difficulties and issues beyond the project owner’s competence.

2. The operator shall monitor and inspect the entire process of execution of the project and make a report on the following issues:

a) Management and operation of the project;

b) Difficulties that arise during the operation of the project and resolution thereto;

c) Proposed plans for resolving difficulties and issues beyond the operator’s competence.

Article 52. Contents of supervision by the investment decider

1. Monitoring contents:

a) Adherence to reporting regulations by the project owner and operator;

b) Execution of the project: progress; implementation of capital investment plan; disbursement; financial statement after the project is complete; outstanding debts accruing from capital construction activities (if any) and settlement thereof; difficulties that affect the project execution and results of resolution thereto;

c) Operation of the project; primary difficulties that arise affect project operation and results of resolution thereto;

d) Implementation of measures by the project owner and operator;

dd) Proposed plans for resolving difficulties and issues beyond the competence.

2. Inspection contents:

a) Adherence to regulations on supervision and assessment of investment; bidding; compensation for land clearance and relocation; use of capital and other resources; distribution of capital, disbursement, payment, statement of investment capital; settlement of difficulties that arise during the project execution; acceptance and inauguration of the project; management and operation of the project; environmental protection;

b) Project execution management by the project owner and project management board;

c) The project’s progress;

d) Project operation by the operator;

dd) Implementation of measures for resolving discovered issues by the authority assigned to prepare investment, project owner, project management board and operator.

Article 53. Contents of supervision by the supervisory authority and public investment authority

1. Monitoring contents:

a) Adherence to reporting regulations by the authority assigned to prepare investment, project owner, investment decider and operator;

c) Progress of program execution: progress of implementation of the capital investment and disbursement plan; difficulties that affect the program execution, and results of resolution thereto;

d) Operation of the project; primary difficulties that arise affect project operation and results of resolution thereto;

dd) Implementation of measures by the project owner, investment decider and operator;

e) Proposed plans for resolving difficulties and issues beyond their competence.

2. Inspection contents:

a) Adherence to regulations on supervision and assessment of investment;

b) Project execution management by the investment decider, project owner and project management board;

c) The project’s progress;

d) Project operation by the operator;

dd) Implementation of measures for resolving discovered issues by the authority assigned to prepare investment, investment decider, project owner, project management board and operator.

Article 54. Contents of supervision by specialized regulatory authorities

Specialized regulatory authorities shall, within their jurisdiction, supervise public investment projects in accordance with special legislation.

Article 55. Assessment of public investment projects

1. Assessment shall be carried out as follows:

a) PNS and Group A projects must undergo an initial assessment, midterm assessment, terminal assessment and impact assessment;

b) Group B and Group C projects must undergo terminal assessment and impact assessment;

c) In addition to the regulations mentioned in Point a and Point b of this Clause, the investment deciders and public investment authorities shall decide other types of assessment prescribed in Clause 4 Article 3 of this Decree where necessary.

2. Responsibility to carry out project assessments:

a) The project owner shall carry out the initial assessment, midterm assessment and terminal assessment;

b) The investment decider shall carry out ad hoc assessment and impact assessment.

The investment decider may delegate the operator or a specialized agency to carry out the impact assessment of the project;

c) Public investment authorities shall carry out various types of planned and ad hoc assessments of projects under their management.

3. Contents of assessment of public investment projects shall comply with Article 73 of the Law on Public Investment.

4. Assessment of investment efficiency of the public investment project:

a) Method for assessment of investment efficiency of a public investment project: depending on the scale and nature of the project, either comparative method (comparison between results/data actually collected at the evaluation time and the expected objectives/planned data; or comparison between parameters of the project at the evaluation time and standard indicators; or combination thereof) or cost - benefit analysis method may be employed;

b) Criteria for assessment of investment efficiency of a public investment project: the level of achievement of investment objectives of the project according to the approved investment decision; actual operation indexes of the project compared with those of approved projects; the economic internal rate of return (EIRR); socio-economic impacts, environmental impacts, and other specific development objectives (such as poverty reduction, gender equality, households benefiting social policies and priority entities); adopted measures for minimizing negative social and environmental impacts.

Section 3. SUPERVISION AND ASSESSMENT OF PPP PROJECTS

Article 56. Responsibility for project supervision

1. Authorities signing PPP contracts and investor shall monitor and inspect the investment process of projects according to the approved contents and project contract.

2. Persons competent to approve the project and competent authorities shall monitor and inspect projects under their management. Inspection shall be carried out as follows:

a) Every approved project shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objective or scale of the project is changed or the total investment is increased.

3. The PPP investment authority and specialized regulatory authority shall monitor and inspect the project under their management.

4. The PPP investment authority, specialized regulatory authority, competent authority and person competent to approve projects shall decide to organize planned and ad hoc inspections.

Article 57. Contents of supervision by the investor, project enterprise and authority signing PPP contract

1. The investor and project enterprise shall monitor and inspect the execution of the project contract and make a report on the following issues:

a) Execution of the project contract by timeline;

b) Execution of the investment project: progress; amount and value of finished works; work quality;

c) Raising of the investment capital for project execution (state capital, equity and loans);

d) Actual revenue of the project; value of the increased revenue (if any) shared by the project enterprise with the State; value of the reduced revenue (if any) which the State has paid or is expected to pay to the project enterprise;

dd) Difficulties that arise during the execution of the project and results of resolution thereto;

e) Proposed plans for resolving difficulties and issues beyond the project owner’s competence.

2. The authority signing the PPP contract shall monitor, inspect and make a report on the following issues:

a) Selection of the investor; negotiation and signature of the project contract;

b) Performance of the tasks in Clause 1 of this Article;

c) Forecasting of costs for the State during the next 03 or 05 year period from the reporting year;

d) Difficulties that arise during the execution of the project contract and results of resolution thereto;

dd) Proposed plans for resolving difficulties and issues beyond the competence.

Article 58. Contents of the competent authority and person competent to approve a project

1. Monitoring and inspection of the selection of the investor and signature of the project contract.

2. Monitoring and inspection of the execution of the project contract.

Article 59. Contents of supervision by the PPP investment authority

1. Monitoring and inspection of the project announcement.

2. Selection of investors, negotiation and signature of the project contract.

3. Execution of the project contract.

4. Inspection of the compliance with regulations on investment management by the parties while performing the project contract.

5. Monitoring and inspection of other contents specified in Articles 86 and 87 of the Law on Public – Private Partnership Investment.

Article 60. Contents of supervision by specialized regulatory authorities

Specialized regulatory authorities shall, within their jurisdiction, monitor and inspect PPP projects in accordance with special legislation.

Article 61. Assessment of PPP projects

1. Project assessment shall be carried out as follows:

a) Projects subject to decision on their investment guidelines by the National Assembly and the Prime Minister must undergo a midterm assessment, terminal assessment and impact assessment;

b) Projects subject to decision on their investment guidelines by Ministers, heads of central government authorities and other authorities in accordance with regulations of law on PPP must undergo a terminal assessment and impact assessment;

c) In addition to the regulations mentioned in Point a and Point b of this Clause, competent authorities, persons competent to approve projects and PPP investment authorities shall decide other types of assessment prescribed in Clause 4 Article 3 of this Decree where necessary.

2. Responsibility to carry out project assessments:

a) Authorities signing PPP project contracts shall carry out midterm assessment and terminal assessment;

b) Persons competent to approve projects shall carry out ad hoc assessment and impact assessment;

c) PPP investment authorities shall carry out various types of planned and ad hoc assessments of projects under their management.

3. Contents of assessment of PPP projects shall comply with Article 73 of the Law on Public Investment.

Section 4. SUPERVISION AND ASSESSMENT OF INVESTMENT PROJECTS FUNDED BY NON-PUBLIC INVESTMENT STATE CAPITAL

Article 62. Responsibility for project supervision

1. Investors shall monitor and inspect the investment process of their projects according to the approved contents and criteria approved in the investment decisions.

2. Investment deciders shall monitor and inspect projects under their management. Inspection shall be carried out as follows:

a) Group B or higher level projects shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objective or scale of the project is changed or total investment is increased.

3. State ownership representative agencies, authorities competent to decide use state capital for investment, investment authorities and specialized regulatory authorities shall monitor and inspect projects under their management.

4. Investment authorities, specialized regulatory authorities, supervisory authorities, state ownership representative agencies and authorities that have the power to decide to use state capital for investment shall decide to organize planned or ad hoc inspections of projects.

Article 63. Contents of supervision by investors

Every investor shall monitor and inspect the entire process of execution of their own project and make a report on the following issues:

1. Execution of the project: progress; amount and value of finished works; work quality; fluctuation during the project execution.

2. Implementation of the capital investment plan: raising capital for the project (state capital, equity, loans); disbursement (advance, advance withdrawal and payment); financial statement after the project is complete; outstanding debts accruing from capital construction activities (if any) and settlement thereof;

3. Project operation: investment results, information about employment, payment to state budget, investment in research and development, financial status of the enterprise, and other professional indicators depending on the business lines.

4. Satisfaction of regulations on environmental protection, use of land and natural resources as prescribed.

5. Implementation of the regulations laid down in the written approval for investment guidelines, investment registration certificate (if any) and decision on investment in the project.

6. Fulfillment of business investment conditions (if the business lines of the project is subject to certain conditions).

7. Investment incentives (if any).

8. Difficulties that arise during the operation of the project and results of resolution thereto.

Article 64. Contents of supervision by investment deciders

1. Monitoring contents:

a) Adherence to reporting regulations by investors;

b) Execution of the project: progress; implementation of the capital investment plan; disbursement, financial statement after the project is complete; outstanding debts accruing from capital construction activities (if any) and settlement thereof; difficulties that affect the project execution and results of resolution thereto;

c) Operation of the project; primary difficulties that arise affect project operation and results of resolution thereto;

d) Adherence to regulations on environmental protection, use of land and natural resources as prescribed;

dd) Performance of other tasks specified in decisions on investment in projects;

e) Implementation of measures by investors;

g) Proposed plans for resolving difficulties and issues beyond the competence as prescribed.

2. Inspection contents:

a) Adherence to regulations on supervision and assessment of investment; bidding; compensation for land clearance and relocation; use of capital and other resources; distribution of capital, disbursement, payment, statement of investment capital; settlement of difficulties that arise during the project execution; acceptance and inauguration of the project; management and operation of the project; environmental protection, use of land and natural resources (if any);

b) Project management;

c) Projects’ progress;

d) Management and operation of projects;

dd) Implementation of measures for resolving discovered issues.

Article 65. Contents of supervision by state ownership representative agencies and authorities competent to decide to use state capital for investment

1. State ownership representative agencies shall monitor the execution of projects and inspect the compliance with regulations of law on execution of investment projects by investors.

2. Competent authorities that have the power to decide to use state capital for investment shall monitor the execution of projects and inspect the compliance with regulations of law on use of state capital for of investment projects by investors.

Article 66. Contents of supervision by investment registration authorities and investment authorities

1. Monitoring contents:

a) Adherence to reporting regulations by investors;

b) Project execution.

c) Project operation;

d) Adherence to regulations on environmental protection, use of land and natural resources as prescribed;

dd) Performance of other tasks specified in decisions on investment in projects.

2. Inspection contents:

a) Implementation of the regulations laid down in the written approval for investment guidelines and investment registration certificate (if any);

b) Projects’ progress;

c) Satisfaction of conditions for investment, incentives, investment assistance and investors’ adherence to their commitments (if any);

d) Adherence to regulations on supervision and assessment of investment and statistical reporting as prescribed;

dd) Implementation of measures for resolving discovered issues.

Article 67. Contents of supervision by specialized regulatory authorities

Specialized regulatory authorities shall, within their jurisdiction, supervise investment projects funded by non-public investment state capital as follows:

1. Monitoring contents:

a) Adherence to reporting regulations by investors in accordance with special legislation;

b) Adherence to regulations on environmental protection, use of land and natural resources as prescribed;

c) Implementation of measures by investors.

2. Inspection contents:

a) Conformity of investment projects with sectoral planning, urban planning and land use planning;

b) Adherence to regulations on environmental protection, technology, use of land and natural resources (if any);

c) Compensation, land clearance and land appropriation;

d) Application of and adherence to special legislation by projects.

Article 68. Assessment of projects funded by non-public investment state capital

1. Project assessment shall be carried out as follows:

a) PNS and Group A projects must undergo a midterm assessment, terminal assessment and impact assessment;

b) Group B projects must undergo terminal assessment and impact assessment;

c) In addition to the regulations mentioned in Point a and Point b of this Clause, the investment deciders, state ownership representative agencies and investment authorities shall decide other types of assessment prescribed in Clause 4 Article 3 of this Decree where necessary.

2. Responsibility to carry out project assessments:

a) Investors shall carry out the midterm assessment and terminal assessment;

b) Investment deciders shall carry out ad hoc assessment and impact assessment;

c) Investment authorities and state ownership representative agencies shall carry out various types of planned and ad hoc assessments of projects under their management.

3. Contents of assessment of projects shall comply with Article 73 of the Law on Public Investment.

Section 5. SUPERVISION AND ASSESSMENT OF PROJECTS FUNDED BY OTHER CAPITAL SOURCES

Article 69. Responsibility for project supervision

1. Investors and business entities shall monitor and inspect their own projects.

2. Investment registration authorities shall monitor and inspect projects under their management. Each project shall undergo at least one inspection.

3. Investment authorities and specialized regulatory authorities shall monitor and inspect projects under their management.

4. Investment authorities, specialized regulatory authorities, investment registration authorities shall decide to organize planned or ad hoc inspections of projects.

Article 70. Contents of supervision by investors

Each investor and business entity shall monitor and inspect their own projects and make a report on the following issues:

1. Progress of the project and achievement of its objectives.

2. Progress of contribution of capital, charter capital, and legal capital (if required).

3. Project operation: investment results, information about employment, payment to state budget, investment in research and development, financial status of the enterprise, and other professional indicators depending on the business lines.

4. Adherence to regulations on environmental protection, use of land and natural resources as prescribed.

5. Implementation of the regulations laid down in the decision on or written approval for investment guidelines and investment registration certificate (if any).

6. Fulfillment of business investment conditions (if the business lines of the project is subject to certain conditions).

7. Investment incentives (if any).

Article 71. Contents of supervision by investment registration authorities

1. Monitoring contents:

a) Adherence to reporting regulations by investors;

b) Project execution;

c) Project operation;

d) Adherence to regulations on environmental protection, use of land and natural resources;

dd) Implementation of measures by investors and business entities;

e) Proposed plans for resolving difficulties and issues beyond their competence.

2. Inspection contents:

a) Implementation of the regulations laid down in the decision on or written approval for investment guidelines and investment registration certificate (if any).

b) Progress of projects, including investment progress which consists of loan capital and achievement of objectives of projects;

c) Satisfaction of conditions for investment, incentives, investment assistance and investors’ adherence to their commitments (if any);

d) Adherence to regulations on supervision and assessment of investment and statistical reporting as prescribed;

dd) Implementation of measures for resolving discovered issues.

Article 72. Contents of supervision by investment authorities

1. Monitoring contents:

a) Adherence to reporting regulations by investment registration authorities;

b) Implementation of measures by investment registration authorities;

c) The contents mentioned in Clause 1 Article 71 of this Decree.

2. Inspection contents:

a) Conformity of investment projects with relevant planning in accordance with the law on planning;

b) Issuance, adjustment and revocation of investment registration certificates by investment registration authorities as prescribed by law;

c) Regulations on incentives for investment projects;

d) Supervision, assessment of investment and investment assistance after issuance of investment registration certificates;

dd) Consolidation of reports on execution of investment projects;

e) The contents mentioned in Clause 2 Article 71 of this Decree.

Article 73. Contents of supervision by specialized regulatory authorities

Specialized regulatory authorities shall, within their jurisdiction, supervise investment projects funded by other capital sources as prescribed in Article 67 of this Decree.

Article 74. Assessment of projects funded by other capital sources

1. Responsibility to carry out project assessments:

a) Investors and business entities shall carry out terminal assessments of projects subject to approval for their investment guidelines;

b) Investment registration authorities and investment authorities shall carry out ad hoc assessments and impact assessments where necessary.

2. Contents of a terminal assessment:

a) Achievement of objectives, mobilized resources, punctuality, and benefits of the project;

b) Proposals and recommendations.

3. Contents of an impact assessment:

a) Operation of the project;

b) Socio-economic effects of the project;

c) Proposals and recommendations.

4. Contents of an ad hoc assessment:

a) Conformity of the project execution result with investment objectives;

b) Completeness of works in comparison with those in the decision on or written approval for investment guidelines and investment registration certificate (if any);

c) Unexpected difficulties (if any) and causes;

d) Impact of unexpected difficulties to the project execution and ability to achieve objectives of the project;

dd) Proposals and recommendations.

Section 6. SUPERVISION AND ASSESSMENT OF OUTWARD INVESTMENT PROJECTS

Article 75. Responsibility to supervise outward investment projects

1. Investors, investment deciders and state ownership representative agencies shall monitor and inspect the project execution according to the contents and criteria approved in the investment decisions.

2. Investment authorities and specialized regulatory authorities shall monitor and inspect projects under their management.

Article 76. Contents of supervision by investors

Each investor shall monitor and inspect their own projects and make a report on the following issues:

1. Performance of procedures for making outward investment.

2. Project execution: progress of the project and achievement of its objectives, capital raising and transfer of capital abroad, raising and use of state capital (if any) for outward investment.

3. Project operation: investment results, financial status of the business organization established overseas to execute the project; retention of profit for reinvestment, retention of profit for investment in new projects, transfer of profits to Vietnam; fulfillment of financial obligations to Vietnam; employment of Vietnamese workers.

4. Implementation of the Certificate of registration of outward investment.

5. Fulfillment of conditions for outward investment with regard to outward investment projects in the fields of banking, insurance, securities, press, radio, television and real estate trading.

Article 77. Contents of supervision of outward investment projects funded by state capital by investment deciders and state ownership representative agencies

1. Monitoring contents:

a) Adherence to reporting regulations by investors;

b) Project execution: progress of the project and achievement of its objectives, progress of transferring investment capital abroad; management, use, preservation and development of state capital as prescribed;

c) Investment results, financial status of the business entity established overseas to execute the project; transfer of profit to Vietnam;

d) Implementation of measures by investors;

dd) Proposed plans for resolving difficulties and issues beyond their competence.

2. Inspection contents:

a) Projects’ progress;

b) Adherence to regulations of law on use of state capital for outward investment;

c) Implementation of the Certificate of registration of outward investment;

d) Adherence to regulations of law on: transfer of capital abroad, sending Vietnamese workers abroad, transfer of profit to Vietnam, supervision and assessment of outward investment projects.

dd) Implementation of measures for resolving discovered issues.

Article 78. Contents of supervision by investment authorities

1. Monitoring contents:

a) Adherence to reporting regulations by investors;

b) Project execution: progress of the project and achievement of its objectives, progress of transferring investment capital abroad;

c) Consolidation of results of outward investment;

d) Implementation of measures by investors;

dd) Proposed plans for resolving difficulties and issues beyond their competence.

2. Inspection contents:

b) Projects’ progress;

b) Implementation of the decision or written approval for investment guidelines, certificate of registration of outward investment and other regulations of law on outward investment;

c) Implementation of measures for resolving discovered issues.

Article 79. Contents of supervision by specialized regulatory authorities

Specialized regulatory authorities shall, within their jurisdiction, supervise outward investment projects as follows:

1. Monitoring contents:

a) Execution of projects under their management: progress of projects and achievement of their objectives, progress of transferring capital abroad, raising and use of state capital for outward investment (if any);

b) Developments of outward investment activities under their management;

c) Fulfillment of conditions for outward investment with regard to outward investment projects in the fields of banking, insurance, securities, press, radio, television and real estate trading;

d) Implementation of measures by investors;

dd) Proposed plans for resolving difficulties and issues beyond their competence.

2. Inspection contents:

a) Adherence to regulations of law on: transfer of capital abroad, use of state capital for outward investment, sending Vietnamese workers abroad, transfer of profit to Vietnam and other regulations of law on outward investment;

b) Implementation of measures for resolving discovered issues.

Article 80. Assessment of outward investment projects

1. Responsibility to carry out project assessments:

a) Investors shall carry out terminal assessments;

b) State ownership representative agencies, investment deciders, specialized regulatory authorities and investment authorities shall carry out ad hoc assessments and impact assessments where necessary.

2. Contents of a terminal assessment:

a) Assessment of result of project execution compared to the Certificate of registration of outward investment: achievement of the project objectives; mobilized resources; project execution progress; economic effects of the project;

b) Proposals and recommendations.

3. Contents of an ad hoc assessment:

a) Conformity of the project execution result with investment objectives;

b) Completeness of works in comparison with those in the Certificate of registration of outward investment;

c) Unexpected difficulties (if any) and causes;

d) Impact of unexpected difficulties to the project execution and ability to achieve objectives of the project;

dd) Proposals and recommendations.