Chapter IV
DUTIES, POWERS AND RESPONSIBILITIES OF ORGANS, ORGANIZATIONS AND INDIVIDUALS IN FORMULATION, MONITORING AND ASSESSMENT OF PUBLIC INVESTMENT PLAN
Article 50. Duties and powers of the Government
1. Uniformly performs the state management on formulation, monitoring, assessment and operation of annual and medium-term public investment plan.
2. Issues legal documents on formulation, monitoring, assessment and operation of public investment plan.
3. Submits the annual and medium-term public investment plan of the country to the National Assembly for decision.
4. Submits the annual and medium-term public investment plan to the Standing Committee of National Assembly for adjustment decision as stipulated in Clause 1 and 2, Article 75 of the Law on Public Investment.
5. Complies with the provisions in Article 87 of the Law on Public Investment.
Article 51. Duties and power of the Prime Minister
1. Issues decisions and directives on formulation and operation of annual and medium-term public investment plans.
2. Based on the Resolutions of the Standing Committee of National Assembly, issues decisions on principles, criteria and norms for allocation of public investment capital for the next 5-year period in service of formulation, appraisal, approval and assignment of medium-term public investment plan.
3. Decides the plan assignment and adjustment of annual and medium-term public investment plan as prescribed by law.
4. Organizes the implementation of annual and medium-term public investment plan, including the adjustment decision (if any)
5. Organizes the implementation of national targeted programs, national important projects and targeted programs using capital from central budget, national bond and government bond.
6. Performs the examination and inspection of formulation, monitoring, assessment and operation of annual and medium-term public investment plans of Ministries, central sectors and localities; inspection of formulation, implementation, monitoring and assessment of programs and projects using the public investment capital and inspection of implementation of objectives and policies on public investment of localities.
Article 52. Duties and powers of the Ministry of Planning and Investment
1. Gives advice to the Government to uniformly perform the state management over the formulation, monitoring, assessment and operation of annual and medium-term public investment plans.
2. Submits the draft legal documents; directs and operates the annual and medium-term public investment plans.
3. Submits to the Prime Minister:
a) The principles, criteria and norms for allocation of development investment capital from the state budget, the national bond and government bond for report to the Standing Committee of National Assembly; drafts the Decisions of the Prime Minister on principles, criteria and norms for allocation of development investment capital from the state budget, from the national bond and government bond in the medium-term public investment plan of the next stage.
b) The list of projects under the authority to extend the time for capital allocation of the Prime Minister as stipulated under Point a, Clause 3, Article 13 of this Decree;
c) Capacity for capital balancing from the state budget, the national bond and government bond by sectors, areas and programs; capacity for capital balancing for Ministries, central sectors and localities in the annual and medium-term public investment plans.
4. Issues under its authority documents guiding the Ministries, central sectors and localities on formulation, implementation, monitoring and assessment of implementation of annual and medium-term public investment plans, including: procedures and contents of formulation and implementation, monitoring and assessment of implementation of annual and medium-term public investment plans; mechanisms and contents of consultation; adjustment of annual and medium-term public investment plans; advance for annual and medium-term public investment plans; coordination mechanism between the Ministries, central sectors and localities in formulation, monitoring and assessment of implementation of annual and medium-term public investment plans by sectors, areas and targeted programs.
5. Coordinates with the Ministries, central sectors and provincial People’s Committees in formulation, appraisal and submission of annual and medium-term public investment plans of the country to the competent authority level; implementation, monitoring and assessment of implementation of annual and medium-term public investment plans.
6. Complies with the provisions in Article 88 of the Law on Public Investment.
7. Coordinates with the Ministries, central sectors and provincial People’s Committees in development of information technology system to know the reality of implementation of investment projects under the annual and medium-term public investment plans.
8. Aggregates reports on assessment of annual and medium-term public investment plans; interim assessment reports and for the whole stage of national-level medium-term public investment plans.
9. Guides and takes part in providing the training for officials, strengthening capacity for formulation, monitoring and assessment of implementation of annual and medium-term public investment plans.
10. Performs the examination, inspection and monitoring of formulation, monitoring and assessment of implementation of annual and medium-term public investment plans of the Ministries, central sectors and localities;
Article 53. Duties and powers of the Ministry of Finance
1. Coordinates with the Ministry of Planning and Investment:
a) Estimates the capacity for annual and medium-term balance of revenues and expenditure of state budget.
b) Guides the advance, payment and finalization of projects using the capital for annual medium-term public investment plans as prescribed by law;
2. Coordinates with the Ministry of Planning and Investment in formulation, monitoring, inspection and assessment of implementation of annual medium-term public investment plans.
3. Reports to the Government and the Prime Minister and sends report to the Ministry of Planning and Investment on the actual disbursement for capital for annual medium-term public investment plans as prescribed by law;
Article 54. Duties and power of Ministries and central sectors
1. Formulate the annual medium-term public investment plans under the direct management of Ministries and central sectors and the national targeted programs under the functions and duties assigned by the Government.
2. Coordinate with the Ministry of Planning and Investment during the formulation of annual and medium-term public investment plans of the country.
3. Implement the annual and medium-term public investment plans under the direct management of the Ministries and central sectors.
4. Monitor and assess the implementation of annual and medium-term public investment plans under the direct management of the Ministries and central sectors and the national targeted programs under the functions and duties assigned by the Government.
5. Report the reality and result of implementation of the annual and medium-term public investment plans under the direct management of the Ministries and central sectors and the national targeted programs under the functions and duties assigned by the Government and make other reports as required by the Government.
6. Specify duties, powers and responsibilities of the specialized organs managing the public investment in the Ministries and central sectors in accordance with the characteristics of each Ministry and central sector.
7. Inspect and supervise the formulation, monitoring and assessment of implementation of investment projects under the annual and medium-term public investment plans within the sectors and areas as prescribed by law.
Article 55. Duties and powers of People’s Council at all levels
1. The People’s Council at all levels have the following duties and powers:
a) Decide the annual and medium-term public investment plans from the balancing capital of local budget of their level as prescribed by law and in accordance with the objectives and characteristics of development of localities;
b) Decide solutions to moblizing other capital sources to carry out the medium-term public investment plans of their level;
c) Give opinions or assign the Standing People’s Council to give opinions about the annual and medium-term public investment plans from the public investment capital under the management of superior level before the People’s Committee at the same level send them to the superior organs.
d) Monitor the implementation of annual and medium-term public investment plans of their level;
2. The provincial People’s Council shall decide the decentralization of state management and the contents of formulation, monitoring and assessment of annual and medium-term public investment plans for all levels in accordance with the reality and characteristics of localities and regulations of law.
Article 56. Duties and powers of provincial People's Committees
1. Perform the state management over the formulation, operation, monitoring and assessment of public investment plans of localities as stipulated in the Law on Public Investment and this Decree.
2. Submit the contents specified under Point d and dd, Clause 2, Article 92 of the Law on Public Investment.
3. Based on the Resolution of the People’s Council, implement the annual and medium-term public investment plans of the localities and report the result of implementation to the People’s Council, Ministry of Planning and Investment, Ministry of Finance, Ministries and central sectors for report to the Prime Minister.
4. Consult the organs, organizations, enterprises and residential community about the medium-term public investment plans of localities (if necessary).
5. Monitor and assess the implementation and disbursement for the annual and medium-term public investment plans of localities; make quarterly, annual, interim reports and for whole stage on implementation of medium-term public investment plans and other irregular reports.
6. Issue the regulations on coordination between sectors and levels of localities in formulation, monitoring and assessment of implementation of annual and medium-term public investment plans of localities;
7. Coordinate with the Ministries and central sectos in implementation, monitoring, inspection and assessment of plans, programs and projects in the provincial areas.
8. Inspect the compliance with regulations of law on formulation, monitoring and assessment of implementation of annual and medium-term public investment plans of sectors and levels in localities.
Article 57. Duties and powers of district and communal People’s Committees
1. Comply with the provisions in Clauses 1, 3, 5 and 6, Article 93 of the Law on Public Investment in formulation, appraisal, approval, implementation, monitoring, assessment, inspection of annual and medium-term public investment plans under their management.
For ward and district People’s Committees having no People’s Council at the same level as a superior unit estimating state budget, submit the annual and medium-term public investment plans of their level to the superior People’s Committee for joint aggregation in the annual and medium-term public investment plans of the superior People’s Committee.
2. Coordinate with the superior state organs in formulation, monitoring and assessment of implementation of annual and medium-term public investment plans in the areas.
3. Define duties, powers and responsibilities of the specialized organs managing the investment of their level in accordance with the reality, conditions and characteristics of development of their localities.
Article 58. Duties and powers of the Department of Planning and Investment
1. Give advice to the provincial People’s Committees and:
a) Formulate and draft the annual and medium-term public investment plans of localities in accordance with the annual and medium-term public investment plans of the country, sectors, areas, characteristics and conditions and capacity for capital balancing of localities;
b) Aggregate the list of projects subject to the extended time for capital allocation under the decisive authority of the Chairman of People’s Committee as stipulated under Point b, Clause 3, Article 13 of this Decree.
2. Request the adjustment of annual and medium-term public investment plans of province in case of necessity.
3. Based on the Resolutions of provincial People’s Council, coordinate with the relevant organs to give advice to the provincial People’s Committee in implementing and operating the performance of annual and medium-term public investment plans of the province; recommend solutions to mobilization of capital sources to implement the annual and medium-term public investment plans.
4. Monitor and assess the implementation and disbursement for investment projects under the annual and medium-term public investment plans; make periodical reports on the implementation of annual and medium-term public investment plans of localities to the provincial People’s Committee to send it to the Ministry of Planning and Investment and Ministry of Finance and other relevant organs as prescribed by law.
5. Give advice and submit the regulation on coordination between sectors and levels of localities in formulation, monitoring and assessment of implementation and disbursement of investment projects under the annual and medium-term public investment plans in localities.
6. Coordinate with the superior state organs during the formulation and implementation of annual and medium-term public investment plans of localities.
Article 59. Duties and powers of Department of Finance
1. Coordinate with the Department of Planning and Investment to submit the preparation for revenues and expenditure of local budget, the revenues left for investment but not yet included in the balancing of local budget in the annual and medium-term public investment plans.
2. Coordinate with the Department of Planning and Investment in formulation of annual and medium-term public investment plans with the balancing capital from the local budget and other public investment capital sources managed by locality.
3. Make period report on disbursement for annual and medium-term public investment plans of localities to the provincial People’s Committee for submission to the Ministry of Planning and Investment and the Ministry of Finance and other relevant organs as prescribed by law.
Article 60. Duties and powers of the Government Inspectorate
Coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the relevant Ministries and central sectors to inspect the formulation and implementation of annual and medium-term public investment plans.
Article 61. Responsibilities and obligations of organizations and units using the public investment capital
1. Formulate and implement the annual and medium-term public investment plan and management of their units in accordance with the development objectives and planning of sectors and areas and estimate the capacity for mobilization of other investment capital sources.
2. Use the public investment capital in accordance with the objectives, duties and regulation as presribed by law to ensure the investment capital is used effectively.
3. Report the implementation of investment projects under the annual and medium-term public investment plans of their units as prescribed by law.
Article 62. Responsibilities and obligations of other organizations and individuals involved in formulation, monitoring and assessment of implementation of annual and medium-term public investment plans
1. Take part in, recommend and supervise the formulation, monitoring and assessment of implementation of annual and medium-term public investment plans as prescribed by law.
2. Comply with regulations of law on implementation and report the implementation of projects or contents related to annual and medium-term public investment plans in the areas in charge or assigned to perform.
3. The organs, organizations and individuals are required to provide information, documents or contribute opinions related to the contents of formulation, monitoring and assessment of implementation of annual and medium-term public investment plans; provide fully and in a timely manner and take responsibility for the accuracy and truthfulness of provided information or documents.
Tìm kiếm
Nghị định 77/2015/NĐ-CP (Bản Pdf)
Nghị định 77/2015/NĐ-CP (Bản Word)