Law on Public Investment 2019 NATIONAL ASSEMBLY —— SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————– Number: 39/2019/QH14 Hanoi, June 13, 2019 […]
| CONGRESS —— |
SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————– |
| Number: 39/2019/QH14 | Hanoi, 13 month 06 2019 |
LAW
PUBLIC INVESTMENT
Based on the Law of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Public Investment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This law regulates state management of public investment; management and use of investment capital; rights, obligations and responsibilities of agencies, units, organizations and individuals related to public investment activities.
Article 2. Subjects of application
This law applies to agencies, units, organizations and individuals participating in or related to public investment activities, management and use of public investment capital.
Article 3. Application of the Law on Public Investment, international treaties and international agreements
1. The management and use of public investment capital and public investment activities must comply with the provisions of this Law and other relevant laws.
2. In case an international treaty to which the Socialist Republic of Vietnam is a member has provisions different from the provisions of this Law, the provisions of that international treaty shall apply.
3. The implementation of public investment programs and projects abroad complies with the provisions of international treaties to which the Socialist Republic of Vietnam is a member and international agreements between Vietnamese parties and foreign parties.
4. The management and use of State investment capital at enterprises is carried out in accordance with the provisions of law on management and use of State capital invested in production and business at enterprises.
Article 4. Interpretation of terms
In this Law, the following terms are understood as follows:
1. Investment policy proposal report is a document presenting preliminary research contents on the necessity, feasibility, effectiveness, expected capital sources and capital levels of public investment programs, group B and group projectsC as a basis for competent authorities to decide on investment policies.
2. Pre-feasibility study reporti is a document that presents preliminary research contents on the necessity, feasibility, effectiveness, expected capital sources and capital levels of important national projects and group A projects as a basis for competent authorities to decide on investment policies.
3. Feasibility study reporti is a document that presents research contents on the necessity, feasibility, effectiveness, capital sources and capital levels of public investment programs and projects as a basis for competent authorities to decide on investment.
4. Ministries, central and local agencies are agencies and organizations assigned by the Prime Minister to plan public investment, including:
a) Central agencies of political organizations, Supreme People's Procuracy, Supreme People's Court, State Audit, Office of the President, Office of the National Assembly, Ministries, ministerial-level agencies, agencies under the Government, central agencies of the Vietnam Fatherland Front and socio-political organizations (hereinafter referred to as Ministries and central agencies);
b) Provincial People's Committee;
c) Other agencies and organizations assigned to plan public investment.
5. Program owner is the agency or organization assigned tomaintain themanagement of the public investment program.
6. Investor is an agency or organization assigned to directly manage a public investment project.
7. Investment policy is a decision by a competent authority on the main contents of an investment program or project, serving as a basis for preparing, submitting and approving investment decisions on investment programs and projects, and decisions to approve feasibility study reports of public investment projects.
8. Public investment program is a set of goals, tasks, and solutions to realize socio-economic development goals.
9. National target program is a public investment program aimed at implementing socio-economic goals of each specific period throughout the country.
10. Governing agency is the Ministry, central and local agencies specified in Clause 4 of this Article managing programs and projects.
11. Specialized agency for public investment management is a unit with public investment management functions under the Ministry of Planning and Investment; units assigned to manage public investment of ministries, central agencies and localities; Departments and boards with public investment management functions under district and commune-level People's Committees.
12. State management agencies public investment include the Government, Ministry of Planning and Investment, and People's Committees at all levels.
13. Public investment project is a project that uses all or part of public investment capital.
14. Emergency public investment project is a public investment project aimed at promptly preventing, preventing, and overcoming the consequences of natural disasters, catastrophes, and epidemics; Urgent tasks to ensure national defense, security and foreign affairs according to decisions of competent authorities.
15. Public investmentg is the State's investment activities in programs, projects and other public investment objects according to the provisions of this Law.
16. Public investment activities include making, appraising, and deciding on investment policies; establish, appraise and decide on public investment programs and projects; Establishing, appraising, approving, assigning, and implementing public investment plans and projects; management and use of public investment capital; acceptance, program handover, and final settlement of public investment projects; Monitor and evaluate, inspect and inspect public investment plans, programs and projects.
17. Public investment plan is a set of goals, orientations, lists of public investment programs and projects; balance public investment capital, capital allocation plans, resource mobilization solutions and implementation.
18. Investment preparation tasks are activities to establish, appraise, decide on investment policies and establish, appraise, and decide on project investment.
19. Planning tasks are activities carried out to prepare, appraise, decide or approve, announce and regulate planning according to the provisions of the Planning Law.
20. Basic construction debt is the value of the approved implementation volume of a project under a public investment plan approved by a competent authority but there is no capital allocatedtrfor that implementation volume.
21. Decentralization of state management of public investment is determining the powers and responsibilities of competent agencies, organizations, and individualsinpublic investment activities.
22. Public investment capital specified in this Law includes: state budget capital; capital from legal revenue sources of state agencies and public service units reserved for investment according to the provisions of law.
23. Capitalân central budget is capital spent on development investment under the central budget according to the provisions of the State Budget Law.
24. Local budget capital is capital spent on development investment under the local budget according to the provisions of the State Budget Law.
25. Additional central budget capital targeted for localities is capital from the central budget supplemented for localities to invest in public investment programs and projects according to specific tasks granted by the grantee with decision-making authority.
Article 5. Objects of public investment
1. Investing in socio-economic infrastructure programs and projects.
In cases where it is absolutely necessary to separate compensation, support, resettlement, and site clearance into independent projects, for important national projects considered and decided by the National Assembly; For group A projects, the Prime Minister and the Provincial People's Council will consider and decide according to their authority. The separation of independent projects is carried out when approving investment policies for important national projects and group A projects.
2. Investment to serve the activities of state agencies, public service units, political organizations, and socio-political organizations.
3. Invest and support investment activities to provide public products and services and social welfare.
4. State investment participates in project implementation according to the public-private partnership method.
5. Investment to serve the work of preparing, appraising, deciding or approving, publicizing and regulating planning according to the provisions of law on planning.
6. Compensation for preferential credit interest rates and management fees; providing charter capital to policy banks and off-budget state financial funds; Investment support for other policy subjects according to the Prime Minister's decision.
The Government regulates the order and procedures for implementing investments for the subjects specified in this Clause.
Article 6. Classification of public investment projects
1. Based on their nature, public investment projects are classified as follows:
b) Projects without construction components are projects to purchase assets, receive land use rights transfer, purchase, repair, upgrade equipment, machinery and other projects not specified in Point a of this Clause.
2. Based on the importance and scale, public investment projects are classified into nationally important projects, group A projects, group B projects, group C projects according to the criteria specified in Articles 7, 8, 9 and 10 of this Law.
Article 7. Criteria for classifying nationally important projects
Nationally important projects are independent investment projects or closely linked clusters of works that meet one of the following criteria:
1. Using public investment capital of 10,000 billion VND or more;
2. Significant impacts on the environment or the potential for serious impacts on the environment, including:
a) Nuclear power plant;
b) Land use that requires changing the land use purpose of national parks, nature reserves, landscape protection areas, scientific research and experiment forests of 50 hectares or more; Watershed protection forests of 50 hectares or more; protective forests to block wind, sand, waves, sea encroachment, and environmental protection of 500 hectares or more; production forest from 1,000 hectarestrup;
3. Land use requiring change of land use purpose cropng wet rice crops for two or more crops with a scale of 500 hectares or more;
4. Migration and resettlement of 20,000 people or more in mountainous areas, 50,000 people or more in other regions;
5. The project requires the application of special mechanisms and policies that need to be decided by the National Assembly.
Article 8. Criteria for classifying group A projects
Except for nationally important projects specified in Article 7 of this Law, projects that fall under one of the following criteria are group A projects:
1. The project regardless of total investment falls into one of the following cases:
a) Projects in the field of national defense and security with a top secret level;
b) Projects for producing toxic substances and explosives;
c) Infrastructure projects for industrial parks, export processing zones, and high-tech parks;
2. Projects with a total investment of VND 2,300 billion or more in the following fields:
a) Transportation, including bridges, seaports, river ports, airports, railways, and national highways;
b) Electricity industry;
c) Oil and gas exploitation;
d) Chemicals, fertilizers, cement;
d) Machine manufacturing, metallurgy;
e) Mineral exploitation and processing;
g) Construction of housing areas;
3. Projects with a total investment of 1,500 billion VNDong or more in the following fields:
a) Traffic, except for projects specified in Point a, Clause 2 of this Article;
b) Irrigation;
c) Water supply and drainage, waste treatment and other technical infrastructure works;
d) Electrical engineering;
dd) Production of information and electronic equipment;
e) Pharmaceutical chemistry;
g) Production of materials, except for projects specified in Point d, Clause 2 of this Article;
h) Mechanical works, except for projects specified in Point dd, Clause 2 of this Article;
i) Postal and telecommunications;
4. Projects with a total investment of 1,000 billion VND or more belong to the following areas:
a) Agricultural production, forestry, aquacultureaquaculture;
b) National parks, nature reserves;
c) Technical infrastructure of new urban areas;
d) Industry, except for projects in the industrial sector specified in Clauses 1, 2 and 3 of this Article;
5. Projects with a total investment of 800 billion VND or more in the following fields:
a) Health, culture, education;
b) Scientific research, information technology, radio and television;
c) Treasure;
d) Travel, sports;
dd) Civil construction, except for construction of housing areas specified in Point g, Clause 2 of this Article;
e) Projects in the field of national defense and security, except for projects specified in Clauses 1, 2, 3 and 4 of this Article.
Article 9. Criteria for classifying group B projects
1. Projects in the fields specified in Clause 2, Article 8 of this Law have a total investment of from 120 billion VND to less than 2,300 billion VND.
2. Projects in the fields specified in Clause 3, Article 8 of this Law have a total investment from 80 billion VND to under 1,500 billion VND.
3. Projects in the fields specified in Clause 4, Article 8 of this Law have a total investment from 60 billion VND to less than 1,000 billion VND.
4. Projects in the fields specified in Clause 5, Article 8 of this Law have a total investment from 45 billion VND to less than 800 billion VND.
Article 10. Criteria for classifying group projectsC
1. Projects in the fields specified in Clause 2, Article 8 of this Law have a total investment of less than 120 billion VND.
2. Projects in the fields specified in Clause 3, Article 8 of this Law have a total investment of less than 80 billion VND.
3. Projects in the fields specified in Clause 4, Article 8 of this Law have a total investment of less than 60 billion VND.
4. Projects in the fields specified in Clause 5, Article 8 of this Law have a total investment of less than 45 billion VND.
Article 11. Adjusting criteria for classifying public investment projects
1. The National Assembly decides on the classification of nationally important projects specified in Article 7 of this Law.
2. The Government submits to the National Assembly Standing Committee to decide on criteria for classifying public investment projects specified in Articles 8, 9 and 10 of this Law and reports to the National Assembly at the nearest session.
3. The adjustment of the criteria for classifying public investment projects specified in Clauses 1 and 2 of this Article is carried out in cases where the price index has large fluctuations or there are major adjustments to the public investment management level related to the criteria for classifying public investment projects or other important factors that affect the classification criteria appear. public investment project.
Article 12. Principles of public investment management
1. Comply with legal regulations on management and use of public investment capital.
2. In accordance with the socio-economic development strategy, the national 5-year socio-economic development plan and relevant planning according to the provisions of law on planning.
3. Implement the responsibilities and powers of state management agencies, organizations and individuals related to the management and use of public investment capital.
4. Manage the use of public investment capital according to regulations for each capital source; Ensuring focused investment, synchronization, quality, savings, efficiency and ability to balance resources; Don't let any loss or waste.
5. Ensuring publicity and transparency in public investment activities.
Article 13. Content of state management of public investment
1. Promulgate and organize the implementation of legal documents on public investment.
2. Develop and organize the implementation of strategies, programs, plans, solutions and public investment policies.
3. Monitor and provide information on the management and use of public investment capital.
4. Evaluate the effectiveness of public investment; check, inspect and supervise the implementation of legal regulations on public investment and compliance with public investment plans.
5. Investigate legal violations, resolve complaints and denunciations of organizations and individuals related to public investment activities.
6. Reward agencies, organizations, units and individuals with achievements in public investment activities.
7. International cooperation on public investment.
Article 14. Publicity and transparency in public investment
1. The content of public investment and transparency in public investment includes:
a) Policies, laws and the organization of implementation of policies and laws in the management and use of public investment capital;
b) Principles, criteria and norms for allocating public investment capital;
c) Principles, criteria, and bases for determining project lists in annual and medium-term public investment plans;
d) Public investment plans and programs in the area; Capital allocated for each program according to each year, implementation progress and disbursement of public investment program capital;
dd) List of projects in the area, including scale, total investment, time, location; Report assessing the overall impact of the project on the investment area;
e) Medium-term and annual public investment capital allocation plan, including project list and level of public investment capital allocated to each project;
g) Situation of mobilizing resources and other capital sources to participate in implementing public investment projects;
h) Situation and results of implementation of plans, programs and projects;
i) Project implementation and disbursement progress;
k) Results of acceptance and evaluation of programs and projects;
l) Finalization of public investment capital.
2. Heads of agencies, organizations and units must publicize public investment contents according to the provisions of law.
1. Costs for preparing and appraising reports proposing investment policies for public investment programs use regular expenditures of agencies and units performing these tasks.
2. Costs for preparing and appraising pre-feasibility study reports, reports proposing investment policies for projects using capital for investment preparation.
3. Costs for preparing and appraising public investment plans use regular expenditures of agencies and units that make and evaluate plans.
4. Costs for monitoring, inspecting, and evaluating plans, programs, and projects using regular expenditures of agencies and units performing these tasks.
5. Inspection costs use regular expenses of inspection agencies and units.
6. For programs and projects using official development assistance (ODA) and preferential loans from foreign sponsors, sponsors are encouraged to provide financial support to pay the costs specified in this Article.
Article 16. Prohibited acts in public investment
1. Deciding investment policies that are not consistent with strategies, planning, and plans; Unable to determine capital sources and ability to balance capital; not in accordance with the authority, order and procedures prescribed by law.
2. Decisions to invest in programs and projects that have not been granted may have the right to decide on the investment policy or are not consistent with the contents of objectives, scope, scale, or exceed the total investment capital of the granted investment policy. Decision to regulatethe total investment capital of the program and the total investment of the project contrary to the provisions of law on public investment.
3. Taking advantage of positions and powers for appropriation, personal gain, and corruption in the management and use of public investment capital.
4. Program owners and investors communicate with consulting organizations and contractors, leading to decisions on investment policies and investment decisions in programs and projects, causing loss and waste of capital, state assets, and national resources; harming and violating the legitimate interests of citizens and the community.
5. Giving, receiving, brokering bribes.
6. Require organizations and individuals to invest their own capital when programs and projects have not been decided on investment policies or have not been approved, causing outstanding capital construction debt.
7. Using public investment capital for the wrong purposes, for the wrong subjects, exceeding the standards and norms prescribed by law.
8. Falsifying or falsifying information, records and documents related to investment policy decisions, investment decisions, and program and project implementation.
9. Intentionally reporting, providing incorrect information, not being true, not objectively affecting the formulation, appraisal, decision of plans, programs, projects, monitoring, evaluation, checking, inspection and handling of violations in the implementation of plans, programs, project.
10. Intentionally destroying, deceiving, concealing or incompletely retaining documents, vouchers and records related to investment policy decisions, investment decisions, and implementation of programs and projects.
11. Prevent trin detecting violations of the law on public investment.
Procedures
