Chapter II

PPP PROJECT ASSESSMENT BOARDS, INSPECTION COUNSELLING, COSTS OF INSPECTION AND ASSESSMENT OF PPP PROJECTS

Section 1. PPP PROJECT ASSESSMENT BOARDS

Article 7. State Assessment Board

The establishment, organization, operation, responsibilities and entitlements of State Assessment Boards of PPP projects shall comply with regulations of the Government on projects of national importance.

Article 8. Establishment and organization of Interdisciplinary Assessment Boards

1. The Interdisciplinary Assessment Board of each project shall be established under decision of the Prime Minister at the request of the Ministry of Planning and Investment. Where necessary, the Ministry of Planning and Investment shall seek opinions from other ministries, ministerial agencies and relevant authorities on the draft decision on establishment of the Interdisciplinary Assessment Board before it is submitted to the Prime Minister.

2. A Interdisciplinary Assessment Board shall have a President, Vice Presidents and other members. The President of the Interdisciplinary Assessment Board shall be the Minister of Planning and Investment. The Vice Presidents and other members shall be representatives of relevant Ministries and authorities.

3. The Ministry of Planning and Investment shall act as the standing executive body of the Interdisciplinary Assessment Board and has the duties specified in Article 14 of this Decree.

4. An Interdisciplinary Assessment Board shall be dissolved after its duties have been fulfilled.

Article 9. Establishment and organization of Intramural Assessment Boards

1. Intramural Assessment Boards shall be established by Ministers, heads of central authorities, other authorities, Presidents of the People’s Committees of provinces for each project at the request of the standing executive body.

2. An Intramural Assessment Board shall have a President, Vice Presidents and members.

3. The standing executive of an Intramural Assessment Board is a organization or unit specialized in management of PPP investment or planning – finance at the ministry, authority or the Department of Planning and Investment and have the duties specified in Article 14 of this Decree.

4. An Intramural Assessment Board shall be dissolved after their duties have been fulfilled.

Article 10. Responsibilities, entitlements and rules for operation of Interdisciplinary Assessment Boards and Intramural Assessment Boards

1. Interdisciplinary Assessment Boards and Intramural Assessment Boards have the duties specified in Point b and Point c Clause 1 Article 6 of PPP Law.

2. An Assessment Board is entitled to:

a) Consider and decide the assessment contents, plans and relevant issues during the process of assessment of the pre-feasibility study report and feasibility study report of the PPP project;

b) Request the competent authority to provide documents serving the assessment.

3. Rules for operation of the Assessment Board:

a) The Board shall work as a collective under the leadership of the President;

b) A meeting of the Board is considered valid when it is participated in by at least 50% of the members (including authorized persons);

c) A verdict shall be ratified when it is voted for by at least 50% of the members (including those who participate in the meeting and those who send their votes). In case of a tie, the President shall have the casting vote;

d) The final verdict that ratifies the assessment report must be voted for by at least 2/3 of the members (including those who participate in the meeting and those who send their votes).

Article 11. Responsibilities and entitlements of Presidents of Interdisciplinary Assessment Boards and Intramural Assessment Boards

1. Consider approving the assessment plans and relevant issues during the assessment process after the Board comment and vote; convene and chair meetings of the Board; assign tasks to Vice Presidents and members of the Board.

2. Decide establishment of expert teams and other assistance teams of the Board.

3. Where necessary, the President may authorize a Vice President to convene and chair meetings of the Board.

4. Decide the selection of PPP project validation counselors as prescribed in Article 15 of this Decree.

Article 12. Responsibilities and entitlements of Vice Presidents of Interdisciplinary Assessment Boards and Intramural Assessment Boards

1. Assist the President in operating the Board; monitor and perform the tasks assigned by the President; frequently report on assessments by the Board.

2. Assist the President in examining and evaluating professional reports and other activities of the Board.

Article 13. Responsibilities and entitlements of members of Interdisciplinary Assessment Boards and Intramural Assessment Boards

1. Comment on the contents of the assessment plans approved by the President.

2. Mobilize human resources, equipment and facilities under their management to perform given tasks.

3. Participate in all meetings of the Board; comment on the assessment contents and vote on the verdicts of the Board. In case a member cannot participate in a meeting, he/she shall send written comments and authorized another person to participate in the meeting. Board members have the right have their opinions recorded.

4. Take responsibility for professional operations of the agency they represent as assigned by the President.

Article 14. Duties of standing executive bodies of Interdisciplinary Assessment Boards and Intramural Assessment Boards

1. Prepare the assessment plan according to Appendix I hereof and submit it to the President for approval.

2. Cooperate with relevant agencies and counselors in assisting the President in carrying out the assessment and other activities of the Board, including:

a) Receive and examine project documents; send documents to Board members, relevant units and agencies; make sure they have enough time to carry out the assessment as prescribed in Clause 1 Article 18 and Clause 1 Article 26 of this Decree.

b) Prepare and send assessment contents according to the assessment plans to Board members;

c) Prepare requests for addition or revision of documents as requested by Board members during the assessment process;

d) Select PPP project validation counselors where necessary;

dd) Collect comments of Board members and present them to the President for deciding the issues that arise during the assessment process.

e) Draft the assessment report;

g) Follow procedures for payment of assessment and validation costs;

h) Perform other tasks assigned by the Board.

Section 2. SELECTION OF ASSESSMENT COUNSELLORS, COSTS OF ASSESSMENT AND INSPECTION

Article 15. Selection of validation counselors

1. A validation counselor is a Vietnamese or foreign organization or individual or a partnership between domestic and foreign entities (hereinafter referred to as “validation counselor”)

2. The selection of the validation counselor shall be carried out in accordance with bidding laws. To be specific:

a) In case an Assessment Board is established, the President of the Assessment Board shall act as the competent person, the standing executive body shall act as the investor and procuring entity;

b) In case an affiliated unit is assigned to perform assessment tasks, the Minister, head of the central authority or other authority, the President of the People’s Committee of the province shall act as the competent person, the assessing unit shall act as the investor and procuring entity.

3. The counseling contract shall be concluded between the following parties:

a) The standing executive body if an Assessment Board is established, or the affiliated unit assigned to perform assessment tasks;

b) The unit that prepares the PPP project or the authority that receives the project proposal as prescribed in Point b Clause 2 Article 22 of this Decree;

c) The selected counseling contractor.

Article 16. Costs of assessment and validation

1. Validation costs:

a) The norms for validation costs shall comply with relevant laws. In case norms for inspection costs are not established by relevant laws, these costs shall be determined according to cost estimates;

b) The norms or estimates of the costs of validation of the pre-feasibility study report shall be the same as those of the costs of inspection of the feasibility study report as prescribed by law.

2. Assessment costs:

a) The assessment costs include remunerations for members of the Assessment Board, the standing executive body and assistant teams of the Assessment Board (if any), costs of meeting, site inspection (if any), relevant costs, backup costs other than the validation costs specified in Clause 1 of this Article;

b) The assessment costs shall be 20% of the validation cost norm or estimate;

c) The assessment costs include remunerations for members of the Assessment Board, the standing executive body and assistant teams of the Assessment Board (if any), costs of meeting, site inspection (if any), relevant costs, backup costs other than the inspection costs specified in Clause 1 of this Article;

3. The costs prescribed in Clause 1 and Clause 2 of this Article shall be covered by the public investment funds, other lawful financing sources and paid by the unit that prepares the PPP project in accordance with the counseling contract and at the request of the standing executive body of the Assessment Board.