Nghị định 01/2020/NĐ-CP sửa đổi Nghị định 84/2015/NĐ-CP về giám sát và đánh giá đầu tư

DECREE

AMENDMENTS TO THE GOVERNMENT’S DECREE NO. 84/2015/ND-CP DATED SEPTEMBER 30, 2015 ON INVESTMENT SUPERVISION AND ASSESSMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Investment dated November 26, 2014;

At the request of the Minister of Planning and Investment;

The Government promulgates a Decree providing amendments to the Government’s Decree No. 84/2015/ND-CP dated September 30, 2015 on investment supervision and assessment. 

Article 1. Amendments to the Government’s Decree No. 84/2015/ND-CP dated September 30, 2015 on investment supervision and assessment

1. Clause 8 Article 3 is amended as follows:

“8. Investment registration authorities”

2. Clause 3 Article 11 is amended as follows:

“3. Assessment contents shall comply with Article 73 of the Law on Public Investment”.

3. Clause 4 is added to Article 11 as follows:

“4. Evaluation of investment efficiency of the public investment program:

a) Method for evaluation of investment efficiency of the public investment program: comparative method (comparison between results/data actually collected at the evaluation time and the expected objectives/planned data; or comparison between parameters of the project at the evaluation time and standard indicators; or combination thereof).

b) Criteria for evaluation of investment efficiency of the public investment program: The conformity of the program with national socio-economic objectives, local socio-economic objectives, the conformity between the demand of beneficiaries and the sponsor’s development policies (if any); the level of achievement of investment objectives of the program according to the approved investment decision; actual operation indexes of the program compared with those of an approved program; socio-economic impacts, environmental impacts, and other specific development objectives (such as poverty reduction, gender equality, households benefiting social policies, and priority entities, etc.); adopted measures for minimizing negative social and environmental impacts.

4. Clause 3 Article 18 is amended as follows:

“3. Contents of assessment of public investment projects shall comply with Article 73 of the Law on Public Investment”.

5. Clause 4 is added to Article 18 as follows:

“4. Evaluation of investment efficiency of public investment projects:  

a) Method for evaluation of investment efficiency of a public investment project: depending on the scale and nature of the project, either comparative method (comparison between results/data actually collected at the evaluation time and the expected objectives/planned data; or comparison between parameters of the project at the evaluation time and standard indicators; or combination thereof) or cost/benefit analysis method may be employed;

b) Criteria for evaluation of investment efficiency of a public investment project: the level of achievement of investment objectives of the project according to the approved investment decision; actual operation indexes of the project compared with those of approved projects; the economic internal rate of return (EIRR); socio-economic impacts, environmental impacts, and other specific development objectives (such as poverty reduction, gender equality, households benefiting social policies, and priority entities); adopted measures for minimizing negative social and environmental impacts.

6. Clause 3 Article 25 is amended as follows:

“3. Contents of project assessment shall comply with Article 73 of the Law on Public Investment”.

7. Clause 3 Article 26 is amended as follows:

“3. The persons competent to give approval of feasibility study reports shall monitor and inspect the projects under their management.  Inspection shall be carried out as follows:

a) Every project with approved feasibility study report shall undergo at least one inspection;

b) Inspection shall be carried out if the location, objectives, scale of the project is changed, or total investment is increased.”

8. Clause 4 and Clause 6 Article 26 are amended as follows:

“4. Public investment authorities and specialized authorities shall monitor and inspect projects under their management.

6. The authority or person competent to decide the investment policies, public investment authority, specialized authority and the investment decision maker shall decide to carry out planned or surprise inspections".

9. Clause 1 Article 27 is amended as follows:

“1. The authority assigned to make the pre-feasibility study report shall monitor and inspect the entire process of formulation of the pre-feasibility study report and make a report on the following issues:

a) Formulation of the pre-feasibility study report;

b) The process of appraisal and decision on the investment policy;

c) Difficulties that arise during the formulation of the pre-feasibility study report and measures taken intra vires;

d) Proposed plans for resolving difficulties and issues ultra vires.”

10. Point a Clause 2 Article 28 is amended as follows:

“a) Selection of investor; negotiation and conclusion of the project contract;”

11. Heading of Article 29 is amended as follows:

“Article 29. Contents of supervision by persons competent to give approval of feasibility study reports”

12. Clause 1 Article 29 is amended as follows:

“1) Monitor and inspect the selection of investor and conclusion of the project contract.” 

13. Heading of Article 30 is amended as follows:

“Article 30. Contents of supervision by investment authorities”.

14. Point c Clause 1 Article 32 is amended as follows:

“c) In addition to the contents specified in Point a and Point b of this Clause, the person competent to approve the feasibility study report and public investment authorities shall decide other types of assessment as prescribed in Clause 4 Article 2 of this Decree where necessary.”

15. Point b Clause 2 Article 32 is amended as follows:

“b) The person competent to give approval of feasibility study report shall carry out surprise assessment and impact assessment;”

16. Clause 3 Article 32 is amended as follows:

“3. Contents of assessment of PPP projects shall comply with Article 73 of the Law on Public Investment”.

17. Point a Clause 2 Article 36 is amended as follows:

“a) Conformity of investment projects with relevant plans as prescribed by the Law on planning”.

18. Clause 4 Article 46 is amended as follows:

“4. Implementation of public investment plans as prescribed in Article 69 of the Law on Public Investment”.

19. Clause 4 Article 47 is amended as follows:

“4. Implementation of public investment plans as prescribed in Article 69 of the Law on Public Investment”.

20. Clause 3 Article 48 is amended as follows:

“3. Assessment of public investment plans as prescribed in Article 70 of the Law on Public Investment”.

21. Clause 1 Article 49 is amended as follows:

“1. Every citizen has the right to supervise investment projects via Public Investment Supervision Board; procedures for public supervision of investment shall comply with Article 75 of the Law on Public Investment and this Decree”.

22. Point a Clause 2 Article 49 is amended as follows:

“a) Request competent authorities to provide information about national plans, regional plans, provincial plans, urban plans, rural plans and other relevant plans as prescribed by the Law on planning and land use plans as prescribed by the Law on land”.

23. Point a Clause 1 Article 50 is amended as follows:

“a) Monitoring and inspection of conformity of the decision on investment policies, investment decision with investment plans within the communes as prescribed by law”.

24. Clause 3 is added to Article 66 as follows:

“3. Authorities and units in charge of supervision and assessment of investment shall provide training and drilling courses to their staff members to ensure the capacity of performing assigned duties and powers”.

25. Clause 1 Article 68 is amended as follows:

“1. Ministry of Planning and Investment shall submit annual consolidated reports on overall investment supervision and assessment to the Prime Minister, including reports on overall supervision and assessment of nationally significant projects and group-A projects nationwide”.

26. Point a Clause 2 Article 68 is amended as follows:

“a) Annual reports on overall investment supervision and assessment;”

27. Clause 3 Article 68 is amended as follows:

“3. Investment registration authorities shall make and send annual reports on investment supervision and assessment to provincial People's Committees.”

28. Point g is added to Clause 6 Article 68 as follows:

“g) Annual reports on supervision and assessment of investment programs/projects under their management.”

29. Clause 8 Article 68 is amended as follows:

“8. Investors of projects using loan capital from state development investment fund, loan capital guaranteed by the Government, loan capital secured with state-owned property, land use right, capital from administration development fund, and capital for development of state-owned enterprises shall make and send the following reports to supervisory authorities, persons competent to make investment decisions and agencies in charge of investment supervision and assessment:

a) Periodic reports: First quarter’s report, 6-month report, third quarter’s report and annual report;

b) Supervision and assessment reports before commencement of the project;

c) Supervision and assessment reports before adjusting the project;

d) Report on assessment of the investment projects they execute;

dd) Reports on supervision and assessment before the project is put into operation (for group-C projects);

e) For nationally significant projects, group-A projects, 6-month reports, annual reports and the reports mentioned in Points b, c, d and dd of this Clause must be submitted to the Ministry of Planning and Investment.

g) Annual reports on supervision and assessment of investment programs/projects under their management.”

Article 2. Abrogation  

Clause 1 Article 30 and Chapter IX of the Government’s Decree No. 84/2015/ND-CP dated September 30, 2015 on investment supervision and assessment is abrogated.

Article 3. Implementation

1. This Decree comes into force as from January 01, 2020.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, political organizations, socio-political organizations, socio-political-professional organizations and relevant organizations and individuals shall implement this Decision./.

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