Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details the formulation, appraisal, approval, plan assignment, implementation, monitoring, plan implementation appraisal and adjustment of annual and medium-term public investment plan of the country, Ministries, central sectors and localities.
Article 2. Subject of application
1. The state management organs of public investment consist of the Government, the Ministry of Planning and Investment and the People's Committees at all levels.
2. The Ministries, ministerial-level organs, governmental organs, Supreme People's Court, Supreme People's Procuracy, State Audit, Office of the State President, Office of the National Assembly, Vietnam Fatherland Front , political organizations, political - social organizations and , state Groups and Corporations (hereinafter referred to as ministries, central and local sectors).
3. People's Councils at all levels
4. The specialized organs managing the public investment are the units with their investment management functions of the Ministry of Planning and Investment; the units assigned to manage the public investment of ministries and central sectors assigned the public investment plan; Departments of Planning and Investment, divisions having functions of public investment management of communal and district People's Committees.
5. Other organs and organizations managing and using the public investment capital.
6. Organs, organizations and individuals related to the formulation, appraisal, approval, plan assignment, implementation, monitoring and assessment of implementation and adjustment of annual and medium-term investment plan.
Article 3. Public investment capital sources
1. Investment capital from the state budget, including the investment capital of the central budget for ministries and central sectors; the targeted and added capital of the central budget to localities; investment capital in local budget balance.
2. Investment capital from the national bond soure as the capital the State borrows directly from people with a certificate with a term for investment in development objectives of the country.
3. Investment capital from the government bond is the capital of government bond issued by the Ministry of Finance to implement some important programs and projects nationwide.
4. Investment capital from the local government bond is the bond capital with the term of 01 year or more issued or issued with authorization by the provincial People’s Committee to invest in some important projects of localities.
5. Official development assistance (ODA) capital and preferential loan from foreign aid donors, including: non-refundable capital, ODA loan and preferential loan form foreign Governments, international organizations, inter-governmental or transnational organizations.
6. Development investment credit capital of the State is the capital which is loaned by the Vietnam Development Bank and the Bank for Social Policies for investment in projects which is entitled to the investment credit capital and social policy credit capital.
7. The capital from the revenues left for investment but not yet included in the balance of state budget, including:
a) Investment capital from the revenues of constructive lottery before the effective time of the revised state budget Law 2015.
b) Other fees and charges left for investment of Ministries, central sectors and localities;
c) Interests from petroleum of the host from the petroleum product-sharing-contract (PSC) and profits shared from petroleum joint venture and proceeds from the reading of petroleum documents;
d) Revenues of public non-business units left for investment;
dd) Investment capital from the revenues of state-owned enterprise equitization, ownership transformation of state-owned enterprise collected ot appropriated for investment in social-economic infrastructure projects and programs under the duties of state budget of the Ministries, central sectors and localities;
e) Revenues of financial organizations and social insurance organizations appropriated for investment in social-economic infrastructure projects and programs of the Ministries, central sectors and localities;
g) Revenues from transformation of purpose and right of land use of the Ministries, central sectors and localities not included in the balance of state budget for investment in social-economic infrastructure projects.
8. The loan capital of provincial government is returned by the balancing capital of local budget and capital recovered from investment projects from such loan capital, including:
a) The domestic mobilized capital of provincial government as stipulated by the Law on state budget, the development investment credit capital from the State, loan from the idle capital of State treasury and other domestic mobilized loan capital for infrastructure investment.
b) ODA loan and preferential loan from foreign aid donor relent by the Government.
Article 4. Grounds for planning the annual and medium-term public investment
1. The grounds specified in Article 50 of the Law on Public Investment.
2. Resolution of the Standing Committee of the National Assembly and the Decision of the Prime Minister on the principles, criteria and norms for allocation of development investment capital from the state budget.
3. Resolution of the Government and the direction of the Prime Minister on planning the annual and medium-term public investment.
4. Instructions of the Ministry of Planning and Investment, the Ministries and central sectors, the People's Committees at all levels on planning the annual and medium-term public investment.
Article 5. Contents of report on annual and medium-term public investment plan
1. The contents of report on annual and medium-term public investment plan are specified in Article 52 and 53 of the Law on Public Investment.
2. List of investment projects in the annual and medium-term public investment plan under the instruction Form of the Ministry of Planning and Investment.
3. For the annual and medium-term public investment plan which is adjusted and supplemented with the generated project list not included in the medium-term public investment plan (if any) as stipulated under Point b, Clause 2, Article 7 of this Decree.
Article 6. Principles for allocating capital for annual and medium-term public investment plan to the programs and projects
1. The principles specified in Article 54 of the Law on Public Investment.
2. Allocating sufficient capital for investment preparation in the annual and medium-term public investment plan to projects under their management in order to:
a) Formulate, appraise and decide the investment policy;
b) Formulate, appraise and decide the investment of public investment projects.
3. The allocation of planning capital to the newly commenced programs and projects specified in Clause 1 of this Article and the following principles:
a) Programs and projects eligible for allocation of planning capital specified in Article 10 and 27 of this Decree.
b) After allocation of capital to return the advances of public investment capital (if any).
Article 7. Backing capital in the annual and medium-term public investment plan specified in Clause 6, Article 54 of the Law on Public Investment
1. The backing capital in the annual and medium-term public investment plan is implemented as follows:
a) For the national medium-term public investment plan, the Prime Minister shall provide for the backing capital based on each capital source.
b) For the medium-term public investment plan of the Ministries, central sectors and localities, the backing capital is 10% over the total medium planning capital based on each capital source.
2. The backing capital for dealing with the arising problems during the implementation of medium-term public investment plan is used in the following cases:
a) Handling of price spiralling after the backing capital is used up within the approved total investment of each project as prescribed by law;
b) Addition to the urgent project investment and newly-generated necessary projects and allocation of reciprocal capital to ODA programs and projects and preferential loan capital from foreign aid donors not included in the list of medium-term investment plan.
c) Other urgent issues arising during the implementation of medium-term public investment plan.
Article 8. Principles for monitoring and assessment of public investment plan
1. Principles for monitoring of public investment plan
a) Monitoring and systematically updating the information and data related to the organization and implementation of public investment plan, including the monitoring of programs and projects in the approved public investment plan.
b) Ensuring correct, adequate and truthful reflection of data, information, reality and result of implementation of public investment plan;
2. Principles for assessment of public investment plan
a) Based on the objectives and duties of public investment plan approved by the competent authorities;
b) Assessing the social and economic effectiveness in accordance with the objectives set out in the investment policy decisions and investment decisions of the programs and projects;
c) Ensuring the objectiveness, openness, transparency and strengthening the accountability in assessment of public investment plan;
d) Closely coordinating with Vietnam Father Front at all levels and residential community in assessment of implementation of public investment plan;
Article 9. Expenses of formulation, appraisal, monitoring, examination and assessment of implementation of public investment plan
1. The expenses of formulation, appraisal, monitoring, examination and assessment of implementation of annual and medium-term public investment plan shall comply with the provisions in Clause 3 and 4, Article 15 of the Law on Public Investment.
2. The Ministries, central sectors and localities shall allocate the non-business funds and regular funds in the annual budget estimate by state decentralization and mobilization of legal capital sources to carry out the duties specified in Clause 1 of this Article;
Tìm kiếm
Nghị định 77/2015/NĐ-CP (Bản Pdf)
Nghị định 77/2015/NĐ-CP (Bản Word)