Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
| No.: 77/2015/ND-CP | Hanoi, 10 September 2015 |
ON ANNUAL AND MEDIUM-TERM PUBLIC INVESTMENT PLAN
Pursuant to the Law on Organization of Government dated 25/12/2001;
Pursuant to the Law on Public Investment dated 18/6/2014;
Pursuant to the Law on state budget dated 25/6/2015;
At the request of the Minister of Planning and Investment,
The Government issues the decree on annual and medium-term public investment plans.
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Article 1. Scope of regulation
This Decree details the formulation, appraisal, approval, plan assignment, implementation, monitoring, plan implementation appraisal and adjustment of annual and medium-term public investment plan of the country, Ministries, central sectors and localities.
Article 2. Subject of application
1. The state management organs of public investment consist of the Government, the Ministry of Planning and Investment and the People's Committees at all levels.
2. The Ministries, ministerial-level organs, governmental organs, Supreme People's Court, Supreme People's Procuracy, State Audit, Office of the State President, Office of the National Assembly, Vietnam Fatherland Front , political organizations, political - social organizations and , state Groups and Corporations (hereinafter referred to as ministries, central and local sectors).
3. People's Councils at all levels
4. The specialized organs managing the public investment are the units with their investment management functions of the Ministry of Planning and Investment; the units assigned to manage the public investment of ministries and central sectors assigned the public investment plan; Departments of Planning and Investment, divisions having functions of public investment management of communal and district People's Committees.
5. Other organs and organizations managing and using the public investment capital.
6. Organs, organizations and individuals related to the formulation, appraisal, approval, plan assignment, implementation, monitoring and assessment of implementation and adjustment of annual and medium-term investment plan.
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1. Investment capital from the state budget, including the investment capital of the central budget for ministries and central sectors; the targeted and added capital of the central budget to localities; investment capital in local budget balance.
2. Investment capital from the national bond soure as the capital the State borrows directly from people with a certificate with a term for investment in development objectives of the country.
3. Investment capital from the government bond is the capital of government bond issued by the Ministry of Finance to implement some important programs and projects nationwide.
4. Investment capital from the local government bond is the bond capital with the term of 01 year or more issued or issued with authorization by the provincial People’s Committee to invest in some important projects of localities.
5. Official development assistance (ODA) capital and preferential loan from foreign aid donors, including: non-refundable capital, ODA loan and preferential loan form foreign Governments, international organizations, inter-governmental or transnational organizations.
6. Development investment credit capital of the State is the capital which is loaned by the Vietnam Development Bank and the Bank for Social Policies for investment in projects which is entitled to the investment credit capital and social policy credit capital.
7. The capital from the revenues left for investment but not yet included in the balance of state budget, including:
a) Investment capital from the revenues of constructive lottery before the effective time of the revised state budget Law 2015.
b) Other fees and charges left for investment of Ministries, central sectors and localities;
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d) Revenues of public non-business units left for investment;
dd) Investment capital from the revenues of state-owned enterprise equitization, ownership transformation of state-owned enterprise collected ot appropriated for investment in social-economic infrastructure projects and programs under the duties of state budget of the Ministries, central sectors and localities;
e) Revenues of financial organizations and social insurance organizations appropriated for investment in social-economic infrastructure projects and programs of the Ministries, central sectors and localities;
g) Revenues from transformation of purpose and right of land use of the Ministries, central sectors and localities not included in the balance of state budget for investment in social-economic infrastructure projects.
8. The loan capital of provincial government is returned by the balancing capital of local budget and capital recovered from investment projects from such loan capital, including:
a) The domestic mobilized capital of provincial government as stipulated by the Law on state budget, the development investment credit capital from the State, loan from the idle capital of State treasury and other domestic mobilized loan capital for infrastructure investment.
b) ODA loan and preferential loan from foreign aid donor relent by the Government.
Article 4. Grounds for planning the annual and medium-term public investment
1. The grounds specified in Article 50 of the Law on Public Investment.
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3. Resolution of the Government and the direction of the Prime Minister on planning the annual and medium-term public investment.
4. Instructions of the Ministry of Planning and Investment, the Ministries and central sectors, the People's Committees at all levels on planning the annual and medium-term public investment.
Article 5. Contents of report on annual and medium-term public investment plan
1. The contents of report on annual and medium-term public investment plan are specified in Article 52 and 53 of the Law on Public Investment.
2. List of investment projects in the annual and medium-term public investment plan under the instruction Form of the Ministry of Planning and Investment.
3. For the annual and medium-term public investment plan which is adjusted and supplemented with the generated project list not included in the medium-term public investment plan (if any) as stipulated under Point b, Clause 2, Article 7 of this Decree.
1. The principles specified in Article 54 of the Law on Public Investment.
2. Allocating sufficient capital for investment preparation in the annual and medium-term public investment plan to projects under their management in order to:
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b) Formulate, appraise and decide the investment of public investment projects.
3. The allocation of planning capital to the newly commenced programs and projects specified in Clause 1 of this Article and the following principles:
a) Programs and projects eligible for allocation of planning capital specified in Article 10 and 27 of this Decree.
b) After allocation of capital to return the advances of public investment capital (if any).
1. The backing capital in the annual and medium-term public investment plan is implemented as follows:
a) For the national medium-term public investment plan, the Prime Minister shall provide for the backing capital based on each capital source.
b) For the medium-term public investment plan of the Ministries, central sectors and localities, the backing capital is 10% over the total medium planning capital based on each capital source.
2. The backing capital for dealing with the arising problems during the implementation of medium-term public investment plan is used in the following cases:
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b) Addition to the urgent project investment and newly-generated necessary projects and allocation of reciprocal capital to ODA programs and projects and preferential loan capital from foreign aid donors not included in the list of medium-term investment plan.
c) Other urgent issues arising during the implementation of medium-term public investment plan.
Article 8. Principles for monitoring and assessment of public investment plan
1. Principles for monitoring of public investment plan
a) Monitoring and systematically updating the information and data related to the organization and implementation of public investment plan, including the monitoring of programs and projects in the approved public investment plan.
b) Ensuring correct, adequate and truthful reflection of data, information, reality and result of implementation of public investment plan;
2. Principles for assessment of public investment plan
a) Based on the objectives and duties of public investment plan approved by the competent authorities;
b) Assessing the social and economic effectiveness in accordance with the objectives set out in the investment policy decisions and investment decisions of the programs and projects;
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d) Closely coordinating with Vietnam Father Front at all levels and residential community in assessment of implementation of public investment plan;
1. The expenses of formulation, appraisal, monitoring, examination and assessment of implementation of annual and medium-term public investment plan shall comply with the provisions in Clause 3 and 4, Article 15 of the Law on Public Investment.
2. The Ministries, central sectors and localities shall allocate the non-business funds and regular funds in the annual budget estimate by state decentralization and mobilization of legal capital sources to carry out the duties specified in Clause 1 of this Article;
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
1. Satisfaction of conditions specified in Article 55 of the Law on Public Investment.
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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.
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.
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:
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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.
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;
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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.
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.
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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.
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.
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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.
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.
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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.
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:
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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;
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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;
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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;
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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 5th 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.
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.
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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.
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:
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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.
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.
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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;
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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
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:
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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;
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.
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.
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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;
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
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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.
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;
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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;
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:
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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.
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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.
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.
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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.
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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.
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.
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.
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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).
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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.
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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
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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.
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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
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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;
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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.
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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:
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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.
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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.
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.
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.
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Article 63. Transitional provision
1. For the formulation, appraisal, aggregation and approval of 5-year medium-term public investment plans from 2016 to 2020:
a) The order to formulate, appraise, aggregate and approve the public investment plans shall comply with Directives of the Prime Minister on formulation of 5-year medium-term public investment plans from 2016 to 2020;
b) For transitional projects under the local management provided with capital from the central budget for the period 2011 – 2015 and new projects not yet allocated the capital plan from central budget, but before the effective date of the Law on Public Investment, such projects whose capita rate from the central budget has been decided by the Prime Minister or appraised by the Ministry of Planning and Investment: continue the allocation with the capital rate from the central budget specified in plan assignment decisions of the Prime Minister and the capital rate from the central budget appraised by the Ministry of Planning and Investment regardless of scale of projects until their completion; do not apply the new mechanisms of scale and assistance percentage by 100% as stipulated under Point b and c, Clause 1, Article 14 of this Decree.
2. The transitional public investment projects which are allocated capital by the competent authority level for implementation in the public investment plan before the effective date of the Law on Public Investment: criteria for classification of projects of group A, B and C and the time to allocate the planning capital to finish for the subsequent years. These projects shall continue to be implemented as prescribed by law before the effective date of the Law on Public Investment.
3. The newly-commenced projects whose capital has been allocated by the competent authority level from the plan of the year 2015: criteria for classification of project group and the time to allocate the annual and medium-term planning capital to finish such projects shall comply with the provisions in this Decree.
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2. The previous provisions which are in contradiction with the provisions in this Decree are invalidated.
Article 65. Responsibility for implementation
1. The Minister of Planning and Investment shall detail the Articles and Clauses in this Decree.
2. The Ministers, Heads of ministerial-level organs, Heads of governmental organs, Heads of other central organs, Chairman of People's Committees of provinces and centrally-run cities and the Heads of relevant organs and units are liable to execute this Decree.
FOR THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung