Chương VIII Nghị định 29/2021/NĐ-CP: Giám sát đầu tư của cộng đồng

Chapter VIII

PUBLIC SUPERVISION OF INVESTMENT

Article 85. The right to supervise investment of the public

1. Every citizen has the right to supervise investment projects via Public Investment Supervision Board; procedures for public supervision of investment shall comply with Article 75 of the Law on Public Investment and this Decree.

2. The Public Investment Supervision Board has the right to:

a) Request competent authorities to provide information about national planning, regional planning, provincial planning, urban planning, rural planning and other relevant planning prescribed by the law on planning and land use plans prescribed by the law on land;

b) Request relevant authorities to provide information about the issues under their management as prescribed by law;

c) Request program owners and project owners to provide information serving investment supervision: investment decision, information about the project owners and project management boards, address; investment progress and plan; land area used; detailed site plan and architectural plan; plan for land clearance, compensation and relocation; plan for waste treatment and environmental protection.

For programs/projects having contributions of the public, projects funded by commune budget or direct sponsorship for communes, apart from the aforesaid contents, the program owner/project owner also has the responsibility to provide additional information about the procedures, technical regulations, types and norms of supplies; result of acceptance and financial statements of the program/project;

d) Competent authorities, program owners and project owners shall provide the documents mentioned in Point a, Point b and Point c of this Clause to Public Investment Supervision Board.

3. Suspension of investment or operation of a project shall be proposed to a competent authority in the following cases:

a) It is suspected that violations are committed during the execution of the project which seriously affect manufacture, security, cultural – social life, and living environment of the community.

b) The project owner fails to publish information about the program/project as prescribed by law.

4. Results of public supervision of investment and handling measures shall be submitted to competent authorities.

Article 86. Contents of public supervision of investment

1. Contents of public supervision of investment programs/projects funded by state capital, and PPP projects:

a) Monitoring and inspection of conformity of the decision on investment guidelines and investment decision with planning and investment plans within communes as prescribed by law;

b) Monitoring and inspecting the project owner’s adherence to regulations on: land boundaries and land use; detailed site plan, architectural and construction plan; waste treatment and environmental protection; compensation, land clearance, compensation and relocation plan; investment plan and progress;

c) Execution and progress of programs and projects;

d) Discovery of acts that infringe upon public interests; negative impacts of projects to the living environment of the community during the investment stage or operation of projects;

dd) Discovery of act of wastefulness that causes loss of capital and property of projects;

e) Transparency during the investment process.

2. Contents of public supervision of investment in projects funded by other sources of capital shall comply with Point a, Point b, Point c, Point d and Point e Clause 1 of this Article.

3. Contents of public supervision of investment in programs/projects having contributions of the public, projects funded by commune budget or direct sponsorship for communes:

a) The contents mentioned in Clause 1 of this Article;

b) Monitoring, inspection of adherence to technical regulations and processes, norms and categories of supplies; monitoring and inspection of acceptance result and financial statement of projects.

Article 87. Organization of public supervision of investment

1. Vietnamese Fatherland Front Committees of communes shall:

a) Preside over establishing a Public Investment Supervision Board for each program/project. The Board consists of at least 05 people, including representatives of Vietnamese Fatherland Front Committee of the communes, inspectors, and representatives of the local community;

b) Formulate a plan for public supervision of investment in local programs and projects; notify the program owners, project owners and management board of the plan and composition of the Public Investment Supervision Board at least 45 days before commencement;

c) Instruct Public Investment Supervision Board to formulate an investment supervision program or plan as prescribed by law and this Decree; assist the Public Investment Supervision Board in communication, making and sending investment supervision reports;

d) Instruct and encourage the community to exercise their right to supervise investment as prescribed by this Decree;

dd) Verify feedback and complaints of Public Investment Supervision Board before notifying competent authorities.

2. Presidents of communal People’s Committee shall, within the capacity of the commune, provide a place for Public Investment Supervision Board to hold meetings and store documents serving public supervision of investment; enable it to use communication devices of communal People’s Committee for the purpose of public supervision of investment.

3. Public Investment Supervision Board shall:

a) Carry out investment supervision in accordance with the formulated program or plan; receive and send feedback from the people to competent authorities as prescribed by this Decree; receive and provide responses of competent authorities to the people;

b) Submit periodic or ad hoc reports on result of public supervision of investment to Vietnamese Fatherland Front Committee of the commune.