Chương II Nghị định 77/2015/NĐ-CP: Lập, thẩm định, phê duyệt và giao kế hoạch đầu tư công trung hạn và hằng năm

Chapter II

FORMULATION, APPRAISAL, APPROVAL AND ASSIGNMENT OF ANNUAL AND MEDIUM-TERM PUBLIC INVESTMENT PLAN

Section 1. FORMULATION, APPRAISAL, APPROVAL AND ASSIGNMENT OF MEDIUM-TERM PUBLIC INVESTMENT PLAN

Article 10. Conditions for programs and projects to be allocated capital for medium-term public investment plan

1. Satisfaction of conditions specified in Article 55 of the Law on Public Investment.

2. For newly-commenced projects, in addition to meeting the provisions in Clause 1 of this Article, it is required to balance sufficient capital for project completion according to the time specified in Article 13 of this Decree.

3. The order and procedures for formulation, appraisal and approval of policies on public investment program and project shall comply with the provisions of the Law on Public Investment and the Decrees of the Government guiding the implementation of Law on Public Investment.

Article 11. Allocation of capital for investment preparation in the medium-term public investment plan

The capital for investment preparation in the medium-term public investment plan is allocated from the state budget by decentralized management and the targeted additional capital from the higher-level budget and other legal capital sources to implement the contents specified in Clause 1, Article 57 of the Law on Public Investment.

Article 12. Allocation of capital for implementation of projects in the medium-term public investment plan

1. The capital for implementation of projects in the medium-term public investment plan shall comply with the provisions specified in Clause 2, Article 57 of the Law on Public Investment.

2. The capital for project implementation is only allocated upon meeting the conditions specified in Article 10 of this Decree.

Article 13. Time to allocate capital for completion of project in medium-term public investment plan

1. The time to allocate capital for completion of project as per the progress shall be decided by the competent authority level.

2. For projects of group B and C, the time to allocate capital is specified in Clause 1 of this Article but not exceeding the maximal time as provided for as follows:

a) For projects of group B with a total investment capital of less than 800 billion dong: not exceeding 05 years; projects of group B with a total investment capital from 800 billion dong to 2,300 billion dong: not exceeding 08 years;

b) For projects of group C: not exceeding 03 years

3. In special cases due to unforeseen and objective reasons, the capital is not sufficienty allocated as stipulated in Clause 1 and 2 of this Article, the authority to extend the time to allocation capital is as follows:

a) The Prime Minister shall decide the extension of time to allocate capital to national important projects and the projects of group A, B and C using the capital from the central budget, national bond and government bond;

b) The Chairman of People’s Committee at all levels shall decide the extension of time to allocate capital to projects of group C from the total balancing capital of local budget and from revenues left for investment but not yet included in the balance of local budget and other loan capital of local budget for investment;

c) The Head of Ministries and central sectors shall decide the extension of time to allocate capital to projects of group B and C by using the revenues left for investment but not yet included in the balance of state budget of the Ministries and central sectors;

d) The level having authority to decide the investment with the agreement of foreign aid donors shall decide the extension of time to allocate capital to projects of group A, B and C using ODA capital and preferential capital from foreign aid donors.

Article 14. Decentralized allocation of development investment capital from state budget, national bond and government bond between the central government and local government

1. The central budget, capital from national bond and capital from government bond are provided for localities through the targeted programs:

a) To be allocated capital based on the principles, criteria and norms of allocation of development investment capital from the state budget, national bond and government bond specified in the Standing Committee of the National Assembly and the Decision of the Prime Minister;

b) Newly-commenced projects under the targeted programs from the plan 2016 only focusing on providing assistance for major, key and disseminated projects which shall promote the local social-economic development, the interprovincial or inter-regional projects with investment scale from group B or higher, but in special cases, the urgent projects related to the prevention and control of natural disaster, diseases, security, national defense and handling of the most pressing problems of the localities shall be decided by the Prime Minister.

The provincial People’s Committees shall select the list of projects to request the assistance from the central budget, national bond and government bond in accordance with the principles and criteria for capital allocation approved by the competent authoriy level and in accordance with the capital allocated by each local targeted program.

c) The newly-commenced projects specified under Point b of this Clause shall be allocated capital by 100% from the central budget, national bond and government bond for implementation. In case of necessity and able to balance the budget, the localities may allocate the balancing capital of the local budget or other legal capital sources to prepare the investment, compensation for site clearance,....for some specific projects;

2. For the national targeted programs, the capital from the central budget, national bond and government bond to be allocated to the projects shall comply with the provisions specified in the Resolutions of the National Assembly approving the investment policies; the Resolution of the Standing Committee of the National Assembly on principles, criteria and norms for allocation of investment capital and Decisions of the Prime Minister for each program.

3. The balancing capital of local budget which is allocated to the projects under the management of localities specified under Point b, Clause 1, Article 63 of this Decree and the projects not subject to the assistance from the central government specified in Clause 1 and 2 of this Article.

Article 15. Principles for selecting the list of projects and preparing the capital allocated to each project in the medium-term investment plan of capital from the state budget, national bond and government bond, capital from revenues left for investment but not yet included in the balance of state budget, from local government bond and other loans of local budget for investment

1. Being in compliance with the provisions in Articles 60, 61, 62, 63 and 64 of the Law on Public Investment and Articles 6, 10, 11, 12 and 13 of this Decree.

2. Being in accordance with the principles, criteria and norms for allocation of capital in each medium-term investment plan.

3. For the capital from the central budget, from the national bond and government bond added with target to each locality, the provisions specified in Clause 1 and 2, Article 14 and Point b, Clause 1, Article 63 of this Decree.

Article 16. Principles for selecting the list of projects and preparing the loan capital in the medium-term investment plan from the state development credit capital

1. The projects must be effective and solvent and recover capital, under the sectors and areas to be funded the development investment credit capital of the State.

2. The rate of development investment credit loan of the State must not exceed the limit of loan rate of each project as prescribed by law on development investment credit of the State.

3. The projects whose financial plan have been appraised, loan repayment plan of each project as prescribed by the Government on development investment credit. Such development investment creidt loan is from the Vietnam Development Bank and the policy credit is from the Bank for Social Policies.

4. For the plan to return a part or the entire loan by the capital from the state budget, in addition to complying with the principles specified in Clause 1, 2 and 3 of this Article, such projects must:

a) Comply with the provisions in Articles 10, 12 and 13 of this Decree;

b) Be under the list of medium-term investment plan from the state budget capital.

Article 17. Order to formulate, appraise and aggregate the national medium-term public investment plan

1. To comply with the order specified in Article 58 of the Law on Public Investment.

2. Beofre the 31st of March of the fourth year of the medium-term public investment plan of the previous stage, on the basis of objectives and orientation of 10-year social-economic development strategy and the 5-year economic - social development plan, the Prime Minister shall issue Directive on the planning of medium-term public investment plan for the next stage, including the objectives and investment orientation and assign duties to formulate the medium-term public investment plan.

3. Before the 31st of March of the fifth year of the medium-term public investment plan of the previous stage, on the basis of the list of targeted programs whose investment policies have been approved by the Government and the investment decision has been made for the next stage, the Ministry of Planning and Investment shall submit the principles, criteria, and norms for allocation of development investment capital from the state budget, national bond and government bond capital for the next 5-year stage to the Prime Minister and report to the Standing Committee of the National Assembly on behalf of the Government and after getting the approval from and by the order of the Prime Minister. For the national targeted programs, after the National Assembly has adopted the investment policy, the Prime Minister shall issue the investment Decision for the next stage. The issuance of principles, criteria, and norms for allocation of capital to each national targeted program shall comply with the order like the one of the above-mentioned targeted program.

4. Before the 10th of September of the fifth year of medium-term public investment plan of the previous stage, the Ministry of Planning and Investment shall ask for the Government’s advice about the medium-term public investment plan for the next stage.

5. The Ministry of Planning and Investment shall supplement, complete and report to the Prime Minister for advice about:

a) The medium-term investment plan from the state budget, including: details of investment plan from the central budget, the medium-term investment plan from national bond and government bond capital and the medium-term investment plan from the ODA capital and preferential loan from the foreign aid donors before the 30th of September of the fifth year of medium-term public investment plan of the previous stage

b) The medium-term investment plan with capital from the revenues left for investment but not yet included in the balance of state budget and the medium-term investment plan with capital from the state development investment credit capital before the 15th of November of the fifth year of medium-term public investment plan of the previous stage.

6. Before the 20th of October of the fifth year of medium-term public investment plan of the previous stage, based on the direction of the Prime Minister, the Ministry of Planning and Investment shall complete and report it to the Prime Minister. After getting the approval from and by the order of the Prime Minister and on behalf of the Government, the Ministry of Planning and Investment shall submit the medium-term public investment plan from the state budget capital and the national bond and government bond capital for the next stage.

Article 18. Order to formulate, appraise and aggregate the medium-term public investment plan of the Ministries and central sectors.

1. Based on the objectives of national social-economic development and sectors and areas for the next stage, the directive of the Prime Minister and guidelines of the Ministry of Planning and Investment, the Ministries and central sectors, the specialized organ managing the public investment is assigned to request the competent authority level to issue document guiding the formulation of medium-term public investment plan to its subordinate organs and units.

2. Such subordinate organs and units shall use the public investment capital based on the guidelines in Clause 1 of this Article to perform the following duties:

a) Formulating the medium-term public investment plan for the next stage within their assigned duties according to the contents specified in Article 52 of the Law on Public Investment, leaving 10% of backing capital as stipulated in Clause 1, Article 7 of this Decree.

b) Before the 15th of September of the fourth year of medium-term public investment plan for the previous stage, report to the competent authority level to review and prepare the public investment plan for the next stage and send it to the specialized organ managing the public investment before the 15th of October of the medium-term public investment plan of the previous stage.

3. Before the 15th of November of the fourth year of medium-term public investment plan for the previous stage, the specialized organ managing the public investment shall appraise the capital allocation scheme of medium-term investment plan for the next stage of its subordinate organs and units and make report to the head of Ministries and central sectors;

4. The subordinate organs and units shall complete the medium-term public investment plan for the next stage based on the directive opinion of the head of Ministries and central sectors and send it to the specialized organ managing the public investment before the 30th of November of the fourth year of medium-term public investment plan for the previous stage;

5. The specialized organ managing the public investment shall:

a) Aggregate the medium-term public investment plan for the next stage based on the contents specified in Article 52 of the Law on Public Investment;

b) Consult the relevant organs (if needed) about the medium-term public investment plan for the next stage of their Ministries and sectors and the programs under their assignment;

c) Submit the medium-term public investment plan for the next stage for review and completion of the first preparation and send it to the Ministry of Planning and Investment and the Ministry of Finance before the 31st of December of the fourth year of medium-term public investment plan for the previous stage.

d) Based on the appraisal opinion of the Ministry of Planning and Investment, complete and submit the second preparation for the medium-term public investment plan for the next stage to the competent authority level and send it the Ministry of Planning and Investment and the Ministry of Finance before the 30th of June of the fifth year of medium-term public investment plan for the previous stage.

Article 19. Order to formulate, appraise and aggregate the medium-term public investment plan of the localities

1. Before the 15th of June of the fourth year of medium-term public investment plan for the previous stage, based on the objectives of national social-economic development and sectors and areas and localities for the next stage, the directive of the Prime Minister and guidelines of the Ministry of Planning and Investment, the Department of Planning and Investment shall prepare and submit the Directive or document guiding the objectives, orientation, order, time of formulation and appraisal of medium-term public investment plan for the next stage of localities to the subordinate departments, sectors and People’s Committees to the provincial Chairman of People’s Committees.

2. The provincial Departments and sectors shall base themselves on the guiding documents specified in Clause 1 of this Article to perform the following duties:

a) Formulating the medium-term public investment plan for the next stage within their assigned duties based on the contents specified in Article 52 of the Law on Public Investment;

b) Appraise the medium-term public investment plan for the next stage;

c) Complete the draft of medium-term public investment plan for the next stage after report to the competent authority level for review before the 15th of September of the fourth year of medium-term public investment plan for the previous stage and send it to the Department of Planning and Investment and Department of Finance before the 15th of October of the fourth year of medium-term public investment plan for the previous stage.

3. The district and communal People’s Committee shall base themselves on the guiding documents specified in Clause 1 of this Article shall:

a) Assign the specialized organ managing the public investment to formulate the medium-term public investment plan for the next stage within their assigned duties and the capital sources under their management based on the contents specified in Article 52 of the Law on Public Investment. The specialized organ managing the public investment at communal level shall be formed by the communal People’s Commitee in the form of Board or Group of public investment management. The head of this organ is a leader of communal People’s Committee and other members as the part-time communal public servant;

b) Appraise the medium-term public investment plan for the next stage of their level;

c) Complete the first preparation for the medium-term public investment plan and submit it to the People’s Council or Standing People’s Council at the same level for opinion before the 15th of September of the fourth year of medium-term public investment plan for the previous stage.

d) Based on the opinion of People’s Council or Standing People’s Council at the same level, before the 15th of September of the fourth year of medium-term public investment plan for the previous stage, the district People’s Committee shall complete and send the medium-term public investment plan under their management to the provincial People’s Committee and the Department of Planning and Investment and Department of Finance.

For the communal People’s Committees, send the district People’s Committees the medium-term public investment plan under their management at the time specified in the guiding document specified in Clause 1 of this Article. Where the provincial People’s Committee decentralize the management of some public investment capital sources directly to the communal level from the higher level, the communal People’s Committees shall formulate the medium-term public investment plan of such capital source as guided in Clause 1 of this Article and send such plan with decentralized management from the provincial level to the provincial People’s Committee and the Department of Planning and Investment, Department of Finance and district People’s Committees before the 15th of October of the fourth year of medium-term public investment plan for the previous stage.

4. Before the 15th of November of the fourth year of medium-term public investment plan for the previous stage, the provincial People’s Committee shall appraise or assign the Department of Planning and Investment to appraise the medium-term public investment plan of the subordinate departments, sectors and People’s Committees;

5. Based on the appraisal opinions specified in Clause 4 mentioned above, the provincial departments and sectors and subordinate People’s Committees shall complete the draft of medium-term public investment plan for the next stage within their assigned duties and submit it to the competent authority level for opinions and to the Department of Planning and Investment and Department of Finance at the time prescribed in the guiding document specified in Clause 1 of this Article;

6. The Department of Planning and Investment shall aggregate and consult the relevant organs to prepare the provincial-level medium-term public investment plan and submit it to the People’s Committee at the same level before the 30th of November of the fourth year of medium-term public investment plan for the previous stage.

7. The provincial People’s Committee shall approve the first preparation for the medium-term public investment plan for the next stage and consult the People’s Council or Standing People’s Council at the same level.

8. Based on the opinions of the People’s Council or Standing People’s Council, the provincial People’s Committee shall complete the first preparation for medium-term public investment plan for the next stage and send it to the Ministry of Planning and Investment and the Ministry of Finance before the 31st of December of the fourth year of medium-term public investment plan for the previous stage.

9. After having the appraisal opinions from the Ministry of Planning and Investment, the provincial People’s Committees shall:

a) Assign the Department of Planning and Investment to develop the principles and criteria for allocation of medium-term public investment capital for the next stage under the management of locality and submit them to the provincial People’s Committee for opinions from the provincial People’s Council or Standing People’s Council before the provincial People’s Committee issues its decision.

The development of the principles and criteria for allocation of medium-term public investment capital for the next stage under the management of locality must be based on the Resolution of the Standing Committee of National Assembly and Decision of the Prime Minister on the principles, criteria and norms for allocation of medium-term public investment capital for the next stage; the list of programs with investment policies approved by the competent authority level and based on the objectives, development orientation, financial capacity and specific characteristics of locality;

b) Assign the district and communal People’s Committee to complete the second preparation for the medium-term public investment plan of their levels, report it to the People’s Council or the Standing People’s Council at the same level for opinions, send it to the provincial People’s Committee and Department of Planning and Investment and the Department of Finance before the 31st of May of the fifth year of medium-term public investment plan for the previous stage;

c) Assign the Department of Planning and Investment to aggregate the second preparation for the medium-term public investment plan of their level, report it to the provincial People’s Committee for submission to the People’s Council or the Standing People’s Council at the same level before the 15th of June of the fifth year of medium-term public investment plan for the previous stage;

d) Based on the opinions of the People’s Council or Standing People’s Council, assign the Department of Planning and Investment to complete the second preparation for medium-term public investment plan for the next stage, report it to the provincial People’s Committee and send it to the Ministry of Planning and Investment and the Ministry of Finance before the 30th of June of the fifth year of medium-term public investment plan for the previous stage;

Article 20. Formulation, appraisal, approval and assignment of national medium-term investment plan from the state budget capital, national bond and government bond capital

1. The principles for formulating the medium-term investment plan of capital from the state budget, national bond and government bond shall comply with the provisions specified in Article 51 of the Law on Public Investment and the Articles 6, 7, 14 and 15 of this Decree.

2. The order to formulate and appraise the medium-term investment plan of capital from the state budget, national bond and government bond shall comply with the provisions specified in Article 58 of the Law on Public Investment and the Articles 17, 18 and 19 of this Decree.

3. Before the 20th of October of the fifth year of medium-term public investment plan for the previous stage, the Ministry of Planning and Investment shall announce its preparation for the medium-term investment plan of capital from the state budget, national bond and government bond to the Ministries, central sectors and localities with the capital rate reported to the National Assembly by the Government.

4. The Ministries, central sectors shall base themselves on the second preparation for the medium-term investment plan and the capital rate of the medium-term public investment plan announced in Clause 3 of this Article and the assessment of detailed allocation scheme of medium-term public investment plan for the next stage for sending to the Ministry of Planning and Investment and the Ministry of Finance before the 20th of November of the fifth year of medium-term public investment plan for the previous stage;

5. The locality shall prepare the list and capital rate from state budget, national bond and government bond in the medium-term public investment plan for the next stage:

a) Based on the second preparation for the medium-term public investment plan and the preparation for the capital rate of medium-term public investment plan announced in Clause 3 of this Article, the Chairman of provincial People’s Committee shall require the Department of Planning and Investment to coordinate with the subordinate Departments and sectors and People’s Committees to prepare the details of plan of capital from the state budget (including the details of list and capital rate of central and local budget), from medium-term national bond and government bond for each project under the local management and report it to the provincial People’s Committee before the 10th of November of the fifth year of medium-term public investment plan for the previous stage;

b) The provincial People’s Committee shall report to the People’s Council or Standing People’s Council at the same level for opinions about the preparation for the medium-term public investment plan of capital from the state budget and national bond and government bond of each project under the local management and this plan to the Ministry of Planning and Investment, Ministry of Finance before the 20th of November of the fifth year of medium-term public investment plan for the previous stage;

6. Where the National Assembly adopts the medium-term investment plan of capital from the state budget, national bond and government bond different from the preparation for the medium-term public investment plan submitted by the Government:

a) The Prime Minister shall assign the Ministry of Planning and Investment to announce the adjusted medium-term investment plan of capital from the state budget, the national bond and government bond for the next stage to the Ministries, central sectors and localities by the capital rate which is decided by the National Assembly;

b) The Ministries, central sectors and localities shall complete the detailed allocation scheme of medium-term public investment plan for the next stage under the procedures specified in Clause 4 and 5 of this Article and send it to the Ministry of Planning and Investment, Ministry of Finance at the specific time announced by the the Ministry of Planning and Investment

7. The Ministry of Planning and Investment shall review, aggregate the preparation of medium-term public investment plan of capital from the state budget and national bond and government bond of the Ministries, central sectors and localities and report it to the Prime Minister before the 5^th of December of the fifth year of medium-term public investment plan for the previous stage.

8. Assign the medium-term public investment plan of capital from the state budget, national bond and government bond.

a) Based on the Resolution of the National Assembly, before the 10th of December of the fifth year of medium-term public investment plan of the previous stage, the Prime Minister assigns the medium-term public investment plan of capital from the state budget, national bond and government bond to the Ministries, central sector and localities, including the total and capital rate by sectors, areas and programs from the central budget, national bond and government bond; list of projects using the capital from the central budget, national bond and government bond;

b) Based on the Resolution of the National Assembly and the plan assignment Decision of the Prime Minister, before the 31th of December of the fifth year of medium-term public investment plan of the previous stage, the Ministry of Planning and Investment shall assign the details of the medium-term public investment plan of capital from the state budget, national bond and government bond to each project of Ministries, central sector and localities.

c) Based on the Resolution of the National Assembly and the plan assignment Decision of the Prime Minister and of the Minister of the Minister of Planning and Investment, before the 15th of January of the first year of medium-term public investment plan, the head of Ministries and central sectors and Chairman of provincial People’s Committee shall announce or decide to assign the details (in case of authorization by the Prime Minister) of the medium-term public investment plan of capital from the state budget and national bond and government bond of each project to the relevant unit for implementation.

Article 21. Formulation, appraisal, approval and assignment of the medium-term public investment plan from balancing capital of the local budget, local government bond, from the revenues left for investment but not yet included in the balance of local budget and other loan capital of local budget for investment

1. The principles for formulating the medium-term public investment plan from the balancing capital of the local budget, local government bond, from the revenues left for investment but not yet included in the balance of local budget and other loan capital of local budget for investment shall comply with the provisions in Article 50 and 51 of the Law on Public Investment and Article 15 of this Decree.

2. The order to formulate the medium-term public investment plan from the balancing capital of the local budget, local government bond, from the revenues left for investment but not yet included in the balance of local budget and other loan capital of local budget for investment shall comply with the provisions in Article 17 and 19 of this Decree.

3. The submission, approval and assignment of medium-term public investment plan from the balancing capital of the local budget, local government bond, from the revenues left for investment but not yet included in the balance of local budget and other loan capital of local budget for investment shall comply with the provisions in Article 67 of the Law on Public Investment.

Article 22. Formulation, appraisal, approval and assignment of medium-term public investment plan of capital from the revenues left for investment but not yet included in the balance of state budget of the Ministries and central sectors

1. The principles for formulating the medium-term public investment plan of capital from the revenues left for investment but not yet included in the balance of state budget shall comply with the provisions in Article 50 and 51 of the Law on Public Investment and Article 15 of this Decree.

2. The order to formulate the medium-term public investment plan of capital from the revenues left for investment but not yet included in the balance of state budget shall comply with the provisions in Article 17 and 18 of this Decree.

3. Based on the Decision of the Prime Minister, the Ministry of Planning and Investment shall aggregate and request the Prime Minister to assign the medium-term public investment plan of capital from the revenues left for investment but not yet included in the balance of state budget of the Ministries and central sectors before the 10th of December of the fifth year of medium-term public investment plan for the previous stage;

4. Based on the plan assignment decision of the Prime Minister, before the 31st of December of the fifth year of medium-term public investment plan for the previous stage, the Ministry of Planning and Investment shall assign the details of the medium-term public investment plan of capital from the revenues left for investment but not yet included in the balance of state budget of the Ministries and central sector

5. Based on the plan assignment Decision of the Prime Minister and the Decision on assignment of plan details of the Minister of Planning and Investment before the 15th of January of the first year of medium-term public investment plan, the head of Ministries and central sectors shall announce medium-term public investment plan of capital from the revenues left for investment but not yet included in the balance of state budget of each project to the relevant units for implementation.

Article 23. Formulation, approval and assignment of medium-term public investment plan of ODA capital and preferential capital from the foreign aid donors

1. The principles for formulating the medium-term public investment plan of ODA capital and preferential capital from the foreign aid donors shall comply with the provisions in Article 50, 51 and 70 of the Law on Public Investment.

2. The order to formulate the medium-term public investment plan of ODA capital and preferential capital from the foreign aid donors shall comply with the provisions in Article 58 and 71 of the Law on Public Investment and the Articles 17, 18 and 19 of this Decree.

3. Submission, approval and assignment of investment plan of ODA capital and preferential capital from the foreign aid donors:

a) For the investment plan of ODA capital and preferential capital from the foreign aid donors balanced in the state budget with application of domestic financial mechanism as stipulated in Clause 3, Article 71 of the Law on Public Investment, Article 20 and 24 of this Decree and other provisions of the Government;

b) For the investment plan of ODA capital and preferential capital from the foreign aid donors of other project other than the ones specified under Point a of this Clause, the decision of the Prime Minister shall apply.

Article 24. Formulation, approval and assignment of medium-term public investment plan of development investment credit capital of the State.

1. The order and principles for formulation, approval and assignment of medium-term public investment plan of development investment credit capital of the State shall comply with the provisions in Clause 1 and 2, Article 69 of the Law on Public Investment and the Articles 16, 17, 18 and 19 of this Decree.

2. The Ministries, central sectors and localities shall prepare the medium-term public investment plan of development investment credit capital of the State and send it to the Ministry of Planning and Investment, the Ministry of Finance, the Vietnam Development Bank and the Bank for Social Policies as stipulated under Point b and c, Clause 5, Article 18 and Clause 8, Point d, Clause 9, Article 19 of this Decree.

3. The Vietnam Development Bank and the Bank for Social Policies shall aggregate and report the preparation for the medium-term public investment plan of development investment credit capital of the State and send it to the Ministry of Planning and Investment, Ministry of Finance before 20th of July of the fifth year of medium-term public investment plan for the previous stage;

4. The Ministry of Planning and Investment shall aggregate the plan and report it to the Prime Minister as stipulated under Point b, Clause 5, Article 17 of this Decree.

5. The assignment of medium-term public investment plan of development investment credit capital of the State is done as follows:

a) Before the 10th of December of the fifth year of medium-term public investment plan for the previous stage, the Prime Minister shall assign the total rate of medium-term public investment plan of development investment credit capital of the State or the growth rate of credit outstanding balance, interest rate subsidies and bank management fees and capital addition (if any) of the next stage to the Vietnam Development Bank and the Bank for Social Policies;

b) Before the 31st of December of the fifth year of medium-term public investment plan for the previous stage, the Ministry of Planning and Investment shall assign the medium-term public investment plan of development investment credit capital of the State for the next stage by sectors, areas and programs to the Vietnam Development Bank and the Bank for Social Policies and othe domestic loans returned by the capital from the state budget to the Ministries, central sectors and localities.

Article 25. Dossier to request the appraisal of medium-term public investment plan

1. A written proposal to the competent authority level on the medium-term public investment plan.

2. A report on medium-term public investment plan based on the contents specified in Article 5 of this Decree.

3. Internal appraisal report of organs or units.

4. Decision of the competent authority level approving the investment policies and investment decisions of new programs and projects.

5. Opinions of the People’s Council or Standing People’s Council at all levels for the draft of medium-term public investment plan submitted by the People’s Committee of the same level as stipulated by the Law on Public Investment and other provisions in this Decree.

6. Other relevant documents (if any).

Article 26. Contents and report of appraisal of medium-term public investment plan

1. Contents of appraisal:

a) Appraisal of contents specified in Articles 50, 51 and 52 of the Law on Public Investment;

b) Preparation for capital allocation plan to each specific sector, area, program and project;

c) Allocation of backing capital by each capital source in the medium-term public investment plan;

d) Arrangement of outstanding debt repayment plan in basic construction and repayment of advanced capital for the plan (if any);

dd) Allocation of capital to new-commenced projects;

e) Other relevant contents (if any);

2. Report on assessment of medium-term public investment plan under the Form specified in Annex 1 issued with this Decree.

Section 2. FORMULATION, APPRAISAL, APPROVAL AND ASSIGNMENT OF ANNUAL PUBLIC INVESTMENT PLAN

Article 27. Conditions for programs and projects to be allocated capital to the annual public investment plan

1. Satisfaction of conditions in accordance with the provisions of Article 56 of the Law on public relation.

2. For newly-commenced projects, in addition to the conditions specified in Clause 1 of this Article, there should be additional conditions:

a) The investment decision must be approved by the competent authority level by the 31st of October of the year preceding the planning year;

b) Clearly defining capital sources and ability to balance such capital sources; ensuring adequate capital allocation as per the completion progress specified in the medium-term public investment plan;

c) Fully allocating capital as per the progress approved by competent authority level during the first year of project implementation.

3. The urgent projects and necessary and newly-generated projects included in the list of medium-term public investment plans which are allocated capital from the backing capital in the medium-term public investment plan as stipulated in Article 7 of this Decree. Such projects whose investment policy and investment decision must be approved the competent authority level by the 31st of October of the year preceding the planning year;

Article 28. Arrangement of capital for investment preparation and capital for implementation of projects in the annual public investment plan

1. Arrangement of capital for investment preparation and capital for implementation of projects in the annual public investment plan for projects in the approved list and the total rate in the medium-term public investment plan or the adjusted medium-term public investment plan (if any).

2. For urgent projects and necessary and newly-generated projects as stipulated in Clause 14, Article 4 of the Law on Public Investment, the allocation of capital for investment preparation and capital for project implementation from the backing source of medium-term public investment plan shall comply with the provisions specified in Article 7 of this Decree.

Article 29. Principles for selecting project list and preparing the capital rate allocated to each project in the annual public investment plan of capital from the state budget, national bond and government bond, capital from the revenues left for investment but not yet included in the balance of state budget, capital from local government bond and other loan capital of local budget for investment

1. In compliance with the provisions of Articles 60, 61, 62, 63 and 64 of the Law on Public Investment.

2. In accordance with the progress of implementation and disbursement for annual investment plan of each project.

3. The capital allocated to each project shall not exceed the capital in the approved medium-term public investment plan.

4. The allocation of capital for urgent projects and necessary and newly-generated projects specified in Clause 3, Article 27 of this Decree must comply with the following provisions:

a) Being under the programs and duties of expenditure for development of state budget, capital from national bond and government bond and capital from the revenues left for investment but not yet included in the balance of state budget;

b) Being in accordance with the principles, criteria and norm for allocation of public investment capital approved by the competent authoity level;

Article 30. Principles for selecting the list of programs and projects and preparing the allocation of capital for annual investment plan, ODA capital and preferential capital from foreign aid donors

1. Being under the medium-term investment plan from ODA capital and preferential capital from foreign aid donors.

2. For new additional projects in the annual investment plan, there must be international agreement on ODA capital and preferential loan capital signed with foreign aid donors.

3. Be in accordance with the progress of project implementation and financing as committed by foreign aid donors.

4. For the programs and projects under the investment plan from the state budget, in addition to ensuring the principles specified in Clauses 1, 2 and 3 of this Article, the provisions specified in Article 29 of this Decree must be complied.

Article 31. Order to formulate, appraise and aggreate the national annual investment plan

1. The order to formulate, appraise and aggreate the national annual investment plan shall comply with the provisions specified in Article 59 of the Law on Public Investment.

2. Before the 20th of September of the previous year, the Ministry of Planning and Investment shall aggregate the preparation for the national public investment plan of the next year for submission to the Government.

3. Based on the Resolutions of the Government and directions of the Prime Minister, before the 20th of October of the previous year, the Ministry of Planning and Investment shall complete the report to the Prime Minister. After the Prime Minister has agreed, the Ministry of Planning and Investment, as authorized by the Prime Minister and on behalf of the Government, shall submit the investment plan from the state budget of the next year, including:

a) The total investment capital from the state budget of Ministries, central sectors and localities by sectors, areas, programs and balancing capital of local budget;

b) The list of national targeted programs and national important projects (if any);

c) The essential solutions and policies to implement the investment plan from the state budget.

Article 32. Order to formulate, appraise and aggregate the annual public investment plan of the Ministries and central sectors

1. Based on the objectives of social-economic development of the country, sectos, areas and medium-term public investment plan approved by the competent authority level, directives of the Prime Minister and guidelines of the Ministry of Planning and Investment, the Ministries and central sectors shall assign the specialized organs managing the public investment to prepare and submit the document guiding the contents, order and time to formulate the annual public investment plan of the next year for their subordinate organs and units to the competent authority level for issuance.

2. Such subordinate organs and units using the public investment capital shall, based on the guidelines in Clause 1 of this Article, perform the following duties:

a) Formulate the public investment plan of the next year based on the contents specified in Article 53 of the Law on Public Investment with the assigned duties;

b) Report to the superior organ to review the public investment plan of the next year and send it to the specialized organs managing the public investment at the time specified in the guiding document of Ministries, central sectors as provided for in Clause 1 of this Article;

3. The specialized organs managing the public investment shall appraise the allocation scheme of the public investment plan of the next year of their subordinate organs and units before the 20th of July of the previous year and report it to the head of Ministries and central sectors.

4. Such subordinate organs and units shall complete the public investment plan of the next year based on the conclusion of head of Ministries and central sectors and send it to the specialized organs managing the public investment at the time specified in the guiding document of Ministries and central sectors;

5. The specialized organs managing the public investment shall:

a) Aggregate the public investment plan of the next year of their Ministries and sectors and the sectors and areas in charge as assigned by the Government;

b) Submit the first preparation of public investment plan of the next year to the competent authority level for review and completion and send it to the Ministry of Planning and Investment and the Ministry of Finance at the time specified in Clause 6, Article 59 of the Law on Public Investment;

c) Based on the appraisal opinions of the public investment plan of the next year, complete and submit the second preparation of public investment plan of the next year and send it to the Ministry of Planning and Investment and the Ministry of Finance at the time specified in Clause 9, Article 59 of the Law on Public Investment;

Article 33. Order to formulate, appraise and aggregate the annual public investment plan of localities

1. Before the 30th of June of the previous year, based on the objectives of national social-economic development and sectors, areas and localities of the next year, the medium-term public investment plan decided by the competent authority level, the directives of the Prime Minister and guidelines of the Ministry of Planning and Investment, the Departments of Planning and Investment shall prepare and submit directive or document guiding the objectives, contents, order and time to formulate the public investment plan of the next year for their subordinate departments, sectors and People’s Committees to the provincial People’s Committee for issuance.

2. The provincial-level departments and sectors, based on the guiding document specified in Clause 1 of this Article, shall:

a) Formulate the public investment plan of the next year within their assigned duties based on the contents specified in Article 53 of the Law on public Investment.

b) Appraise the public investment plan of the next year;

c) Complete the draft of public investment plan of the next year based on the contents specified in Article 53 of the Law on Public Investment, report it to the competent authority level for review and send it to the Department of Planning and Investment at the time specified in the guiding document specified in Clause 1 of this Article.

3. The district and communal People’s Committee, based on the guiding document specified in Clause 1 of this Article, shall:

a) Assign the specialized organs managing the public investment to formulate the public investment plan of the next year within their assigned duties and capital source under their management level.

b) Appraise the public investment plan of the next year of their level;

c) Complete the first preparation for public investment plan of the next year and submit it to the People’s Council or Standing People’s Council at the same level for opinions.

d) Based on the opinions of the People’s Council or Standing People’s Council at the same level, the provincial People’s Committee shall direct the completion of the first preparation for public investment plan of the next year under their management and send it to the provincial People’s Committee, the Department of Planning and Investment and Department of Finance.

The communal People’s Committees shall send the public investment plan of the next year under their management to the district People’s Committee at the time specified in the guiding document specified in Clause 1 of this Article. Where the provincial People’s Committee assigns the communal level to directly manage some capital sources of public investment, the communal People’s Committee shall formulate the public investment plan of the next year from such capital source as stipulated in Clause 1 of this Article and send it to the provincial People’s Committee, the Department of Planning and Investment, Department of Finance and district People’s Committee.

4. The Departments of Planning and Investment shall appraise the public investment plan of the next year of their subordinate departments, sectors and People’s Committee at the time specified in the guiding document specified in Clause 1 of this Article.

5. Based on the appraisal opinions of the Department of Planning and Investment, the subordinate departments, sectors and People’s Committee shall complete the draft of public investment plan of the next year within their assigned duties, submit it to the competent authority level for opinions and send it to the Department of Planning and Investment at the time specified in the guiding document specified in Clause 1 of this Article.

6. The Department of Planning and Investment shall aggregate and submit such plan to the provincial People’s Committee for review and report to the People’s Council or Standing People’s Council at the same level for opinions before the 25th of July of the previous year.

7. Based on the opinions of the provincial People’s Council or Standing People’s Council, the provincial People’s Committee shall direct the completion of the first preparation for public investment plan of the next year and send it to the Ministry of Planning and Investment, the Ministry of Finance at the time specified in the guiding document specified in Clause 6, Article 59 of the Law on Public Investment.

8. After receiving the appraisal opinions of the Ministry of Planning and Investment, the provincial People’s Committee shall:

a) Assign the district and communal People’s Committee to complete the second preparation for public investment plan of the next year of their levels, report it to the People’s Council or Standing People’s Council at the same level for opinions and send it to the provincial People’s Committee, the Department of Planning and Investment and Department of Finance at the time specified in the guiding document specified in Clause 1 of this Article;

b) Assign the Department of Planning and Investment to aggregate the second preparation for public investment plan of the next year of their levels, report it to the provincial People’s Committee for submission to the People’s Council or Standing People’s Council at the same level.

c) Based on the opinions of the People’s Council or Standing People’s Council at the same level, assign the Department of Planning and Investment to complete the second preparation for public investment plan of the next year for report to the provincial People’s Committee and submission to the Ministry of Planning and Investment and the Ministry of Finance as stipulated in Clause 9, Article 59 of the Law on Public Investment.

Article 34. Order to prepare the plan of detailed allocation and assignment of annual investment plan of capital from state budget, national bond and government bond

1. Before the 20th of October of the previous year, the Ministry of Planning and Investment shall inform the Ministries, central sectors and localities of the preparation of public investment plan of the next year, including:

a) The capital from the central budget by sectors, areas and programs with the capital rate reported to the National Assembly by the Government.

b) The capital from the national bond and government bond with the capital rate decided by the Prime Minister.

2. The Ministries and central sectors, based on the medium-term investment plan of capital from the state budget, national bond and government bond decided by the competent authority level and preparation for capital rate of public investment plan of the next year announced in Clause 1 of this Article, shall prepare the list and capital rate from the state budget, national bond and government bond for each project in the public investment plan of the next year and send it to the Ministry of Planning and Investment, Ministry of Finance before the 20th of November of the previous year.

3. The localities shall prepare the list and capital rate from the state budget, national bond and government bond in the plan of the next year:

a) Based on the medium-term investment plan of capital from the state budget, national bond and government bond decided by the competent authority level and the preparation for capital rate of public investment plan of the next year announced in Clause 1 of this Article, the Chairman of provincial People’s Committee shall assign the Departments of Planning and Investment to coordinate with their subordinate departments, sectors and People’s Committee to prepare the details of capital plan from the state budget, national bond and government bond of the next year, including the list and the capital rate from the central budget and from the balancing capital of local budget in order to allocate it to each project under the management of localities for report to the provincial People’s Committee.

b) The provincial People’s Committee shall report it to the People’s Council or Standing People’s Council at the same level for opinions about the preparation for the plan of capital of next year from the central budget, national bond and government bond of each project under the management of locality and send it to Ministry of Planning and Investment, Ministry of Finance before the 20th of November of the previous year.

4. Where the National Assembly adopts the plan of capital of next year from the central budget, national bond and government bond different from the preparation for public investment plan submitted by the Government:

a) Based on the decision of the Prime Minister, the Ministry of Planning and Investment shall announce the adjustment of capital from the central budget, national bond and government bond of the next year to the Ministries, central sectors and localities with the capital rate decided by the National Assembly;

b) The Ministries, central sectors and localities shall complete the specific allocation plan under the procedure specified in Clause 2 and 3 of this Article, send it to the Ministry of Planning and Investment and the Ministry of Finance at the specific time announced by the Ministry of Planning and Investment.

5. The Ministry of Planning and Investment shall review and aggregate the preparation for investment plan of capital from the central budget, national bond and government bond of the next year of the Ministries, central sectors and localities and report it to the Prime Minister for decision before the 5th of December of the previous year.

6. The assignment of annual investment plan of capital from the central budget, national bond and government bond shall comply with the provisions in Clauses4, 5, 6 and 7, Article 66 of the Law on Public Investment.

Article 35. Submission, approval and assignment of annual investment plan from the balancing capital of the local budget, local government bond and from the revenues left for investment but not yet included in the balance of local budget and other loan capital of local budget for investment

The submission, approval and assignment of annual investment plan from the balancing capital of the local budget, local government bond and from the revenues left for investment but not yet included in the balance of local budget and other loan capital of local budget for investment shall comply with the provisions in Article 68 of the Law on Public Investment.

Article 36. Submission, approval and assignment of annual investment plan of capital from the revenues left for investment but not yet included in the balance of local budget of the Ministries, central sectors

1. Based on the investment plan of capital from the revenues left for investment but not yet included in the balance of local budget of the Ministries, central sectors reported to the Government, the Ministry of Planning and Investment shall aggregate and request the Prime Minister to assign the investment plan of the capital of the next year from the revenues left for investment but not yet included in the balance of state budget of the Ministries, central sectors before 15 December of the previous year.

2. Based on the plan assignment decision of the Prime Minister, before the 20th of December of the previous year, the Minister of Planning and Investment shall assign the details of investment plan of the capital of the next year from the revenues left for investment but not yet included in the balance of state budget of the Ministries, central sectors.

3. Based on the plan assignment decision of the Prime Minister and the assignment decision of plan details of the Minister of Planning and Investment, before 31st of December of the previous year, the head of Ministries, central sectors shall announce the investment plan of the capital of the next year from the revenues left for investment but not yet included in the balance of state budget of the next year of each project to the relevant units for implementation.

Article 37. Submission, approval and assignment of annual investment plan from ODA capital and preferential capital from foreign aid donors

1. The submission, approval and assignment of annual investment plan from ODA capital and preferential capital from foreign aid donors balanced in the state budget shall comply with the provisions in Article 34 of this Decree.

2. The submission, approval and assignment of annual investment plan from ODA capital and preferential capital from foreign aid donors with application of domestic financial mechanism in the form of relending shall comply with the provisions in Article 38 of this Decree and other provisions of the Government and of the Prime Minister.

3. The submission, approval and assignment of annual investment plan from ODA capital and preferential capital from foreign aid donors for other projects shall comply with the decisions of the Prime Minister.

Article 38. Order to formulate, approve and assign the annual investment plan from the development investment credit capital of the State

1. The Ministries, central sectors and localities shall prepare the investment plan of the next year from the development investment credit capital of the State and send it to the Vietnam Development Bank, Bank for Social Policies, Ministry of Planning and Investment and Ministry of Finance before the 31st of July of the previous year.

2. The Vietnam Development Bank and the Bank for Social Policies shall aggregate and report the preparation for investment plan of the next year from the development investment credit capital of the State, send it to the Ministry of Planning and Investment and the Ministry of Finance before the 10th of August of the previous year.

3. The Ministry of Planning and Investment shall aggregate the plan and report it as stipulated in Clause 31 of this Decree.

4. The assignment of investment plan of the next year from the development investment credit capital of the State is done as follows:

a) Before the 15th of December of the previous year, the Prime Minister shall assign the total rate of investment plan from the development investment credit capital of the State or the growth rate of credit outstanding balance, offsetting of differences in interest rate, banking fees and capital addition (if any) of the next year to the Vietnam Development Bank and the Bank for Social Policies;

b) Before the 31st of December of the previous year, the Ministry of Planning and Investment shall assign the investment plan from the development investment credit capital of the State of the next year to the Vietnam Development Bank and the Bank for Social Policies, the Ministries, central sectors and localities for loan to the projects with a part of loan repaid by the capital from the state budget.

Article 39. Dossier to request the appraisal of annual public investment plan

1. The written proposal submitted to the competent authority level on the annual public investment plan.

2. The medium-term public investment plan approved by the competent authority level and the adjusted medium-term public investment plan (if any).

3. The report on annual public investment plan with the contents specified in Article 5 of this Decree.

4. The appraisal report within the organs and units.

5. The opinions of People’s Council or Standing People’s Council at all levels about the draft of the annual public investment plan submitted by the People’s Committee at the same level as stipulated by the Law on Public Investment and the provisions in this Decree.

6. Other relevant documents (if any).

Article 40. Contents and report on appraisal of annual public investment plan

1. Contents of appraisal:

a) The appraisal of contents specified in Articles 50, 51 and 53 of the Law on Public Investment;

b) The consistency with the medium-term public investment plan decided by the competent authority level or the adjusted annual public investment plan (if any);

c) The preparation for capital allocation plan to each sector, area, program and project;

d) Other relevant contents (if any).

2. Report on appraisal of annual public investment plan under the form specified in Appendix II issued with this Decree.