Chương VIII Nghị định 40/2020/NĐ-CP: Điều khoản thi hành

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 52. Transitional provisions

1. With respect to public investment projects that have obtained decisions on investment and use capital sources other than public investment capital, if they switch to public investment capital for implementation thereof, it shall be obliged to approve investment policy decisions and re-approve investment decisions in accordance with the Law on Public Investment and other relevant laws

2. Public investment projects which have received plans for investment of legitimate capital retained by state regulatory authorities or public service units for investment purposes under authorization of competent authorities shall continue to be carried out according to authorized plans. Public investment projects that have completed procedures for formulation and assessment thereof before the effective date of the Law on Public Investment No. 39/2019/QH14 shall be subject to regulations laid down in clause 3 of Article 101 in the Law on Public Investment No. 39/2019/QH14.

3. For midterm investment plans for the period of 2016-2020 and in 2020 for investment of capital from lawful revenues retained by state regulatory authorities and public service units for investment purposes, formulation, assessment, grant and modification of investment policy decisions; formulation, assessment, grant and modification of investment decisions for public investment programs and projects; formulation, assessment, approval, authorization and modification of midterm and annual investment budgets shall be subject to regulations laid down in the Law on Public Investment No. 39/2019/QH14 and this Decree.

Article 53. Entry into force

1. This Decree shall enter into force from the signature date.

2. As for public investment projects without construction components, the formulation, assessment, approval and conduct of management of these projects shall be subject to regulations laid down herein and other relevant specialized laws.

3. Regulations laid down in clause 2 of Article 6, 46 and 47 in the Government’s Decree No. 73/2019/ND-CP dated September 5, 2019 on management of information technology application projects using the state budget capital shall be abolished.

4. With respect to information technology projects using the state budget capital, processes, procedures and documentation requirements for preparation, assessment and grant of investment decisions and conduct of management shall comply with regulations of the Government’s Decree No. 73/2019/ND-CP dated September 5, 2019 on management of information technology application projects using the state budget capital.

5. With regard to public investment programs and projects using ODA capital and preferential loans from foreign donors, regulations laid down in this Decree and the Government’s regulations on management and use of ODA capital and preferential loans from foreign donors shall be applied. In cases where there are different regulations on the matter, the Government’s regulations on management and use of ODA capital and preferential loans from foreign donors shall be applied.

6. Regulations laid down herein shall not be applied to those prescribed in clause 3 and 5 of Article 101 in the Law on Public Investment No. 39/2019/QH14.

Article 54. Implementation responsibilities

1. The Ministry of Planning and Investment shall provide instructions about implementation of regulations laid down in Article 51 herein.

2. Ministers, Heads of Ministry-level agencies, Heads of other central bodies, Presidents of People’s Committees of centrally-affiliated cities and provinces, and Heads of other entities concerned, shall be responsible for implementing this Decree./.