Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree sets out detailed regulations on the implementation of several Articles of the Law on Public Investment pertaining to the followings:
1. Documentation requirements, subject matters and time of assessment of and grant of decisions on investment policies or decisions on adjustment of investment policies, and cases where any adjustment of investment policies for group-A, B and C public investment programs or projects is required.
2. Documentation requirements, subject matters and time of assessment of and grant of decisions on public investment programs or projects; subject matters of, application and documentation requirements and procedures for any adjustment of group-A, B and C public investment programs or projects.
3. Principles of, authority over, application and documentation requirements and procedures for grant of decisions on investment policies; principles of, authority over, subject matters of, application or documentation requirements and procedures for design, assessment and grant of decisions on investment in group-A, B and C foreign public investment projects.
4. Decentralization of authority, authorization, application and documentation requirements, procedures and processes for making decisions on investment policies and investment decisions for group-A, B and C public investment programs or projects using legitimate revenues of state regulatory authorities and public service units for investment purposes.
5. Procedures and processes for making investment applicable to public investment plans to grant subsidies to offset costs incurred from application of preferential lending interest rates and management fees; make equity contribution to the charter capital of policy banks and state off-budget financial funds; provide investment support for other policy beneficiaries under the Prime Minister’s decisions.
6. Subject matters and contents of preliminary evaluations of environmental impacts carried out before grant of decisions on policies for investment in projects.
7. Management of implementation of investment preparation, planning tasks and public investment projects without construction components.
8. Formulation, design, assessment, approval and assignment of tasks of midterm and annual plans for investment of legitimate revenues retained by state regulatory authorities and public service units for investment purposes.
9. Solutions and approaches to presiding over, leading the implementation of and reporting to competent authorities on developments and progress of implementation of medium and annual public investment plans.
10. Application and documentation requirements, processes and procedures for revision of midterm and annual plans for investment of the state budget’s capital.
11. Extension of the deadlines for implementation and disbursement of capital for implementation of midterm and annual plans for investment of the state budget’s capital.
12. National communication system and database regarding public investment activities.
Article 2. Subjects of application
This Decree shall apply to entities and persons participating or involved in public investment, public investment capital management and use activities.
Article 3. Interpretation
1. Internal assessment refers to an act of inspection and verification of contents of a documentation package or report before submitting it to the competent authority or the Assessment Council so that the Council can carry out the assessment of an investment policy used as a basis for the competent authority to issue its decision on that investment policy or decision on adjustment of an investment policy for a program or project; can carry out the assessment of a program or project that serves as a basis for grant of a decision on or a decision on adjustment of a program or project. The head of a host entity presiding over an internal assessment shall be decided by a Minister, a Head of a central body and a President of a People’s Committee at any level.
2. Public investment project in a foreign country (hereinafter referred to as foreign public investment project) includes investment projects on purchase of equipment, new construction, renovation, alteration and repair of working offices and houses for public officials and employees of Vietnam’s representative and other agencies in foreign countries using all or part of public investment capital; investment projects on purchase of houses, purchase of land and long-term rental of land in foreign countries for construction of working offices and houses for public officials and employees by using all or part of public investment capital.
3. Granting subsidies to offset costs incurred from application of preferential lending interest rates and management fees to policy banks refers to an act of distributing public investment capital to help policy banks to cancel out any difference in interest rates and management fees that is likely to arise from lending funds to policy beneficiaries in accordance with laws.
4. Granting the charter capital or granting funds added to the charter capital for a policy bank and an extra-budgetary financial trust refers to an act of allocating public investment capital used as the charter capital and an addition to the charter capital for the policy bank or non-budgetary financial trusts under any relevant decision issued by a competent authority.
5. Investment support for policy beneficiaries under the Prime Minister’s decision refers to an act of allocating public investment capital for the purpose of implementing specific policies under the Prime Minister’s decision.
6. National communication system and database regarding public investment activities:
a) National investment communication system is a collection of hardware, software and database which is made with the aim of creating, designing, providing, transmitting, collecting, handling, storing and exchanging information related to public investment activities online (hereinafter referred to as system);
b) National public investment database is a collection of basic information about public investment programs, projects and plans which is built, updated and maintained for the purposes of administering, exploiting and using public investment data by electronic means;
c) The system shall be synchronously established and operated nationwide to serve demands for the state management of public investment activities, including compiling, submitting, sending and adjusting midterm and annual public investment plans; monitoring and evaluating public investment programs and projects; managing, storing and publicly disclosing data in accordance with regulations in force.
Article 4. Costs of formulation and assessment of public investment programs or projects
1. Costs of preparation, verification and assessment of a pre-feasibility study report or an investment policy recommendation report of a group-A, B or C public investment program or project shall be subject to regulations laid down in Article 15 in the Law on Public Investment.
2. In case where any project does not obtain investment policy decisions or investment decisions from competent authorities, expenses already paid for the preparation of pre-feasibility study reports or investment policy recommendation reports shall be recorded and charged into investment preparation expenses as part of capital investment expenditures of ministries, central agencies and all-level local governments in charge of project management affairs.
Tìm kiếm
Nghị định 40/2020/NĐ-CP (Bản Pdf)
Nghị định 40/2020/NĐ-CP (Bản Word)