Nghị định 02/2020/NĐ-CP sửa đổi Nghị định 131/2015/NĐ-CP hướng dẫn về dự án quan trọng quốc gia

DECREE

AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 131/2015/ND-CP DATED DECEMBER 25, 2015 ON GUIDANCE ON PROJECTS OF NATIONAL SIGNIFICANCE

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 Investment dated November 26, 2014;

Pursuant to the Law on Procurement dated November 26, 2013;

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

At the request of the Minister of Planning and Investment;

The Government hereby promulgates a Decree on amendments to some Articles of the Government’s Decree No. 131/2015/ND-CP dated December 25, 2015 on guidance on projects of national significance.

Article 1. Amendments to some articles of the Government’s Decree No. 131/2015/ND-CP dated December 25, 2015 on guidance on projects of national significance

1. Clause 1 of Article 3 is amended as follows:

“1. Projects of national significance defined in the Law on Public Investment and the 2014 Law on Construction and those whose investment guidelines are decided by the National Assembly under the provisions of the 2014 Law on Investment are hereinafter referred to as projects of national significance.”

2. The title of Section 1 of Chapter IV, and Articles 13, 14 and 15 are amended as follows:

“Section 1

DOCUMENTATION AND CONTENTS OF APPRAISAL OF INVESTMENT GUIDELINES OF PROJECTS OF NATIONAL SIGNIFICANCE FINANCED BY PUBLIC INVESTMENT FUNDS

Article 13. Documentation submitted to apply for appraisal by project owners or subordinates of entities assigned to make preparations for investment

1. Documentation submitted to apply for appraisal includes:

a) An application form;

b) A pre-feasibility study report;

c) Other relevant documents.

2. Project owners or subordinates of entities assigned to make preparations for investment (hereinafter referred to as “project owners”) are required to send 15 sets of project documents under the provisions of Clause 1 of this Article to their supervisory bodies or entities assigned to make preparations for investment to carry out the internal appraisal as stipulated in Point b Clause 1 Article 19 of the Law on Public Investment. The time limit for internal appraisal shall not exceed 30 days from the receipt of all required documents.

Article 14. Documentation submitted to apply for appraisal by supervisory bodies or entities assigned to make preparations for investment

1. Documentation submitted to apply for appraisal by a supervisory body or subordinate of the entity assigned to make preparations for investment (hereinafter referred to as “supervisory body”) includes:

a) An application form filed to the Prime Minister by the supervisory body;

b) A pre-feasibility study report (that has been completed according to opinions received from the internal appraisal);

c) An internal appraisal report stipulated in Point b Clause 1 Article 19 of the Law on Public Investment;

d) Other relevant documents.

2. The supervisory body shall send 01 set of project documents as provided for in Clause 1 of this Article to the Prime Minister, and concurrently send 20 sets of project documents to the Ministry of Planning and Investment.

3. Within 05 working days from the receipt of the project documents, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 hereof.

4. The Council shall appraise investment guidelines of a project of national significance within 90 days from the receipt of the satisfactory project documents.

Article 15. Documentation submitted to apply for appraisal by the Council to the Government and by the Government to the National Assembly

1. Documentation submitted to apply for appraisal by the Council to the Government includes:

a) An application form sent to the Government by the supervisory body (prepared by the supervisory body after considering and completing project documents based on appraisal opinions obtained from the Council);

b) A pre-feasibility study report that has been completed according to appraisal opinions obtained from the Council;

c) An appraisal report prepared by the Council;

d) Other relevant documents.

2. Documentation submitted by the Government to the National Assembly as prescribed in Article 20 of the Law on Public Investment includes:

a) An application form prepared by the Government;

b) A pre-feasibility study report that has been completed according to opinions obtained from the Government;

c) An appraisal report prepared by the Council;

d) Other relevant documents.”

3. Section 4a is added after Section 4 of Chapter IV as follows:

“SECTION 4a

DOCUMENTATION AND CONTENTS OF APPRAISAL OF ADJUSTMENTS TO INVESTMENT GUIDELINES OF PROJECTS OF NATIONAL SIGNIFICANCE FINANCED BY PUBLIC INVESTMENT FUNDS

Article 23a. Documentation submitted to apply for appraisal of adjustments to investment guidelines by project owners or subordinates of entities assigned to make preparations for investment

1. Documentation submitted to apply for appraisal by a project owner or subordinate of the entity assigned to make preparations for investment (hereinafter referred to as “project owner”) includes:

a) An application form;

b) An adjusted pre-feasibility study report or adjusted feasibility study report;

c) A report on supervision and assessment of adjustments to investment projects;

d) Other relevant documents.

2. The project owner is required to send 15 sets of project documents under the provisions of Clause 1 of this Article to their supervisory body or entities assigned to make preparations for investment to carry out the internal appraisal as stipulated in Point b Clause 2 Article 34 and Point b Clause 1 Article 19 of the Law on Public Investment. The time limit for internal appraisal shall not exceed 30 days from the receipt of all required documents.

3. The project owner shall complete the project documents according to the appraisal contents and submit them to the Prime Minister.

Article 23b. Documentation submitted to apply for appraisal of adjustments to investment guidelines by supervisory bodies or entities assigned to make preparations for investment

1. Documentation submitted to apply for appraisal by a supervisory body or entity assigned to make preparations for investment (hereinafter referred to as “supervisory body”) includes:

a) An application form filed to the Government by the supervisory body;

b) An adjusted pre-feasibility study report or adjusted feasibility study report (that has been completed according to opinions received from the internal appraisal);

c) An internal appraisal report stipulated in Clause 2 Article 23a hereof;

d) A report on supervision and assessment of adjustments to investment projects (prepared by the project owner);

dd) Other relevant documents.

2. The supervisory body shall send 01 set of documents as provided for in Clause 1 of this Article to the Prime Minister, and concurrently send 20 sets of project documents to the Ministry of Planning and Investment.

3. Within 05 working days from the receipt of the project documents, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 hereof.

4. The Council shall appraise adjustments to investment guidelines of a project of national significance within 90 days from the receipt of the satisfactory project documents.

Article 23c. Documentation submitted to apply for appraisal by the Council to the Government and by the Government to the National Assembly

1. Documentation submitted to apply for appraisal by the Council to the Government includes:

a) An application form sent to the Government by the supervisory body (prepared by the supervisory body after considering and completing project documents according to appraisal opinions obtained from the Council);

b) An adjusted pre-feasibility study report or adjusted feasibility study report that has been completed according to appraisal opinions obtained from the Council;

c) An appraisal report prepared by the Council;

d) Documents prescribed in Points c, d and dd Clause 1 Article 23b hereof (prepared by the supervisory body and project owner).

2. Documentation submitted by the Government to the National Assembly as prescribed in Article 20 of the Law on Public Investment includes:

a) An application form prepared by the Government;

b) An adjusted pre-feasibility study report or adjusted feasibility study report that has been completed according to opinions obtained from the Government;

c) An appraisal report prepared by the Council;

d) Documents prescribed in Points d Clause 1 of this Article.

Article 23d. Contents of appraisal of adjustments to investment guidelines of projects of national significance financed by public investment funds

Adjustments shall be appraised; appraisal contents are specified in Article 15 hereof.”

4. The title of Section 1 of Chapter IV, and Article 28 are amended as follows:

“Section 1

DOCUMENTATION AND CONTENTS OF APPRAISAL OF DECISIONS ON PROJECT INVESTMENT

Article 28. Documentation submitted to apply for appraisal

1. Documentation submitted by a project owner includes:

a) An application form;

b) A feasibility study report;

c) The National Assembly’s Resolution on approval of the investment guidelines of the project of national significance;

d) Other relevant documents.

2. Documentation submitted by a supervisory body includes:

a) An application form filed to the Prime Minister by the supervisory body;

b) A feasibility study report;

c) The National Assembly’s Resolution on approval of the investment guidelines of the project of national significance;

d) Other relevant documents.

3. The supervisory body shall send 01 set of documents as provided for in Clause 2 of this Article to the Prime Minister, and concurrently send 20 sets of project documents to the Ministry of Planning and Investment.

4. Within 05 working days from the receipt of sufficient project documents, the Ministry of Planning and Investment shall request the Prime Minister to establish a Council as prescribed in Article 4 hereof.

5. The Council shall appraise investment guidelines of the project of national significance within 90 days from the receipt of the satisfactory project documents.

6. Documentation submitted by the Council to the Prime Minister for his consideration and decision to invest in the project includes:

a) An application form sent to the Government by the supervisory body (prepared by the supervisory body after considering and completing project documents according to appraisal opinions obtained from the Council);

b) A feasibility study report which has been completed according to appraisal opinions obtained from the Council and to which the appraisal seal is appended by the standing body of the Council at the request of the Council, drawing for basic design (if any). Specimen of the appraisal seal shall comply with regulations on construction investment management.

c) An appraisal report prepared by the Council;

d) The National Assembly’s Resolution on approval of the investment guidelines of the project of national significance;

dd) Other relevant documents.”

5. Article 30 is amended as follows:

“Article 30. Adjustment to projects of national significance

Projects of national significance shall be adjusted in accordance with regulations laid down in Clauses 2, 3, 4 and 5 Article 43 of the Law on Public Investment and Clause 1 Article 61 of the 2014 Law on Construction.”

6. Point b Clause 8 of Article 31 is amended as follows:

“b) An adjusted feasibility study report which has been completed according to appraisal opinions obtained from the Council and to which the appraisal seal is appended by the standing body of the Council at the request of the Council, drawing for basic design (if any).”

7. Clauses 2 and 3 of Article 33 are amended as follows:

“2. As for projects which are being executed but meet criteria of a project of national significance under the provisions of Article 7 of the Law on Public Investment and Article 30 of the 2014 Law on Investment, follow the instructions below:

a) Execution of these projects shall be continued; project owners shall send review reports to the person making investment decisions or the investment registry;

b) The person vested with authority to grant an investment decision or the investment registry shall send such reports to the Prime Minister; the Prime Minister shall consider them and provide instructions, and then send reports on the process of execution of such projects to the National Assembly at its year-end meeting ;

c) Management of the projects stated in this Clause shall be consistent with regulations laid down in investment decisions or investment registration certificates which have been issued, or investment decisions or investment registration certificates which has been previously adjusted.”

3. “2. As for projects under execution which are subject to any change and of which changes fall under criteria of projects of national significance under the provisions of Article 7 of the Law on Public Investment, follow the instructions below:

a) Execution of these projects shall be continued; project owners shall send reports on any issues that may arise to the person making investment decisions;

b) The person vested with authority to grant an investment decision shall send such reports to the Prime Minister; the Prime Minister shall consider them and provide instructions, and then send reports on the process of execution of such projects in which the issues are clearly stated to the National Assembly at its year-end meeting;

c) Procedures for considering application for adjustments to projects shall be consistent with applicable regulations in the similar manner to those applied to projects or groups of projects existing prior to adjustments;

d) Management of projects stipulated in this Clause shall be consistent with laws and regulations on projects of national significance.”

Article 2. Implementation clause

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

2. Ministers, heads of ministerial agencies, heads of Governmental agencies and People's Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn