Chapter III
IMPLEMENTATION, MONITORING, INSPECTION AND ASSESSMENT OF PUBLIC INVESTMENT PLAN
Article 41. Operation of public investment plan
1. Based the Resolutions of the National Assembly on the annual and 5-year social – economic development plan and the annual and medium-term public investment plan, the Government shall issue:
a) The Resolution of implementation of 5-year social – economic development plan defining the solutions to organization and implementation of medium-term public investment plan;
b) The Resolution of direction and operation of social – economic development plan and estimation of annual state budget defining the solutions to organization and implementation of medium-term public investment plan;
2. The Ministries, central sectors, localities and units using the public investment capital shall comply with the provisions in Clause 2, Article 72 of the Law on Public Investment.
Article 42. Compliance with public investment plan
1. The Ministries, central sectors and local authority levels shall announce or decide to assign the medium-term public investment plan to the organs and units using the public investment capital at the prescribed time and under the plan assignment plan of the competent authority level and decentralization of capital management.
2. Reporting the reality of announcement and assignment of annual and medium-term public investment plan:
a) Within 30 days after the competent authority level issues the assignment decision on annual and medium-term public investment plan, the Ministries, central sectors and provincial People’s Committee shall report to the Ministry of Planning and Investment and the Ministry of Finance on the reality of announcement and assignment of annual and medium-term public investment plan of the Ministries, central sectors and localities;
b) The Ministry of Planning and Investmen shall aggregate and report to the Prime Minister on the reality of assignment of annual and medium-term public investment plan before the 31st of March of the first year of the medium-term public investment plan and before the 31st of March of the planning year for the annual public investment plan of the Ministries, central sectors and localities.
3. The organs and units using the public investment capital shall report to the competent authority level on the implementation of plan as guided by the Ministry of Planning and Investment.
4. The Ministry of Planning and Investment and the the specialized organ managing the public investment shall comply with the provisions in Clause 3, Article 73 of the Law on Public Investment.
Article 43. Implementation of public investment plan
1. The Ministries, central sectors and local authority levels, organs and units using the public investment capital shall comply with the provisions in Clause 1, Article 74 of the Law on Public Investment.
2. The Ministry of Planning and Investment shall:
a) Comply with the provisions in Clause 2, Article 74 of the Law on Public Investment.
b) Submit directives to the Prime Minister for issuance in order to strengthen measures to implement the annual and medium-term public investment plan when necessary or issuance of documents guiding the implementation of direction of the Prime Minister and documents under its authority.
3. The Ministry of Finance shall comply with the provisions in Clause 3, Article 74 of the Law on Public Investment.
Article 44. Adjustment of public investment plan
1. The Ministry of Planning and Investment shall:
a) Report to the Prime Minister and after getting the approval from the Prime Minister, by the order of the Prime Minister and on behalf of the Government, submit the annual and medium-term public investment plan of capital from the state budget, the national bond and government bond to the National Assembly for adjustment decision in case specified in Clause 1, Article 75 of the Law on Public Investment.
b) Report to the Prime Minister and after getting the approval from the Prime Minister, by the order of the Prime Minister and on behalf of the Government, submit the annual and medium-term public investment plan to the Standing Committtee of National Assembly as stipulated in Clause 2, Article 75 of the Law on Public Investment.
c) Submit the annual and medium-term public investment plan for adjustment decision as stipulated in Clause 3, Article 75 of the Law on Public Investment.
d) Adjust the annual public investment plan as stipulated under Point c, Clause 4, Article 75 of the Law on Public Investment.
dd) Appraise the adjustment of annual and medium-term public investment plan as stipulated under Point a and b, Clause 4, Article 75 of the Law on Public Investment.
2. The provincial People’s Council shall adjust the total rate of annual and medium-term public investment plan from the balancing capital of the local budget, from the 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 in the cases specified in Clause 5, Article 75 of the Law on Public Investment. The Department of Planning and Investment shall aggregate the prepation for adjustment plan, report it to the provincial People’s Committee and submit it to the provincial People’s Council for decision.
3. The People’s Committee at all levels shall decide the adjustment of annual and medium-term public investment plan as stipulated in Clause 6, Article 75 of the Law on Public Investment and report it to the People’s Council at the same level in the last meeting session.
Article 45. Advance of capital of public investment plan
1. The public investment projects approved by the competent authority level in the 5-year medium-term public investment plan shall be permitted for advance of capital plan for the next year in order to implement the medium-term public investment plan under the approval decision of the competent authority level if in need of capital to accelerate the implementation progress.
2. The advanced capital of each project must not exceed the total capital of the 5-year plan allocated for projects.
Article 46. Implementation and capital disbursement for public investment plan
1. The time to implement and disburse capital for the annual and medium-term public investment plan shall comply with the provisions in Article 76 of the Law on Public Investment.
2. For the project using capital from the state budget, from the national bond and government bond, local government bond or from the revenues left for investment but not yet included in the balance of state budget. The time to disburse the annual public investment plan may be extended by the 31st of December of the year succeeding the planning year.
In special cases, the Prime Minister shall decide to extend the time to disburse the annual public investment plan of each plan to the subsequent years, but not exceeding the time specified under Point a, Clause 1, Article 76 of the Law on Public Investment.
3. The procedure for extending the time to disburse the capital of annual investment plan from the state budget, the national bond and government bond:
a) Before the 15th of March annually, the Ministries, central sectors and localities shall send the Ministry of Planning and Investment and the Ministry of Finance the list of projects using capital from the central budget, national bond and government bond not yet disbursed all from the plan of the previous year; recommend the list, reasons and capital rate of plan of previous year with the extended time of implementation and payment to the next year;
b) The Ministry of Planning and Investment shall coordinate with the Ministry of Finance to review the recommendation of the Ministries, central sectors and localities and before 30th of April annually, inform the Ministries, central sectors and localities of the list of projects and capital rate from the central budget, the national bond and government bond of the plan of the previous year with the extended time of implementation to the next year at the time specified in Clause 2 of this Article.
4. The capital for the investment plan of the previous year with the extended time of disbursement as stipulated in Clause 2 and Point b, Clause 3 of this Article shall be finalized in the budget of the subsequent years by the actual disbursement for each year.
Article 47. Monitoring and inspection of public investment plan
1. The monitoring and inspection of formulation, appraisal, approval, assignment and implementation of public investment plan shall comply with the provisions in Article 77 of the Law on Public Investment.
2. The Ministry of Planning and Investment shall guide the Ministries, central sectors and localities in monitoring and inspection of annual and medium-term public investment plan in accordance with the regulations of law on public investment.
3. The Ministries and central sectors, based on the guidelines of the Ministry of Planning and Investment, shall monitor the implementation of the annual and medium-term public investment plan including the details of implementation and disbursement for investment projects of the annual and medium-term public investment plan under the management of the Ministries and central sectors.
4. The provincial People’s Committees, based on the guidelines of the Ministry of Planning and Investment, organize and guide their subordinate departments, sectors and People’s Committees to monitor the implementation of annual and medium-term public investment plan including the details of implementation and disbursement for investment projects under the annual and medium-term public investment plan of localities.
5. The Ministry of Finance shall monitor and aggregate the actual disbursement for investment projects using capital from the state budget, the national bond and the government bond and other investment capital sources as assigned by the Prime Minister.
Article 48. Report on implementation and disbursement for public investment plan
1. The Ministries, central sectors and provincial People’s Committee shall report the implementation and disbursement for annual and medium-term public investment plan to the Ministry of Planning and Investment and the Ministry of Finance, including the following contents:
a) The actual implementation and disbursement for interim medium-term public investment plan in quarter II of the third year of medium-term public investment plan and at the end of period in the last year of implementation of medium-term public investment plan.
b) The actual implementation and disbursement for quarterly public investment plan before the 10th of the first month of the next quarter and the entire year before the 28th of February of the next year;
c) Other information in service of formulation, monitoring and assessment of annual and medium-term public investment plan of the country, Ministries, central sectors and localities.
2. The Ministry of Finance shall make the biannual, annual, interim report and the 5-year report to the Prime Minister and also send it to the Ministry of Planning and Investment.
a) The actual disbursement for capital for annual and medium-term investment plan, capital from the state budget, from the national bond and government bond, local government bond and capital from the revenues left for investment but not yet included in the balance of local budget of the Ministries, central sectors and localities and other public investment capital sources as assigned by the Prime Minister;
b) The details of disbursement for capital for projects using capital from the central budget, from the national bond and government bond.
3. The report on implementation of medium-term public investment plan of levels and sectors in localities is done as follows:
a) The Department of Planning and Investment shall prepare and submit the regulation on reporting and provision of information and time to report the annual and medium-term public investment plan of the subordinate departments, sectors, and People’s Committees in accordance with the regulations on monitoring and assessment of plans, programs and projects using the annual and medium-term public investment capital of the Law on Public Investment, the provisions in this Decree and the requirements for management and operation of public investment plan of localities.
b) The subordinate departments, sectors, and People’s Committees shall comply with regulation on reporting and provision of information as stipulated under Point a of this Clause.
Article 49. Assessment of implementation of public investment plan
1. The Ministries, central sectors and provincial People’s Committees shall assess the implementation of the annual and medium-term public investment plan as stipulated in Article 78 of the Law on Public Investment; make the biannual, annual, interim report and for the whole stage on implementation and result of achievement, shortcomings and restrictions of the annual and medium-term public investment plan to the Ministry of Planning and Investment.
2. The Ministry of Planning and Investment shall coordinate with the relevant organs to report to the Prime Minister of the following contents:
a) Interim assessment of implementation of medium-term public investment plan in the third year of the medium-term public investment plan and assessment of the whole stage in the last year of implementation of medium-term public investment plan;
b) Assessment of implementation of annual public investment plan in September annually and before the 31st of March of the next year.
3. The People's Committees at all levels shall assess the implementation of public investment plan as guided by the Ministry of Planning and Investment and the provincial People’s Committee.
Tìm kiếm
Nghị định 77/2015/NĐ-CP (Bản Pdf)
Nghị định 77/2015/NĐ-CP (Bản Word)