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In the year-end meeting held in the fifth year of the National Assembly's tenure, the Government shall propose the midterm public investment plan for the subsequent period to the National Assembly to get its opinions on contents thereof specified in Article 49 herein; in particular, with respect to the first year’s public investment plan for the subsequent period, based on the estimate of the state budget’s capital expenditures in the first year, the Government shall submit it to the National Assembly to seek its decision issued in this meeting. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
According to opinions of the previous National Assembly, the Government shall present to the current National Assembly in the meeting the contents specified in Article 49 herein. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
The National Assembly shall consider issuing its decision on the midterm public investment plan, including the following contents: a) Aims and objectives of midterm public investment of the state budget’s capital to be made on a nationwide scale; b) Gross investment capital listed in midterm public investment plans using the state budget’s capital, including the capital of the central government’s and local government’s budget; c) Gross investment capital included in the midterm public investment plan using the central government’s budget capital specific to sectors, industries, estimate of capital amounts allocated to specific Ministries, central regulatory authorities and target transfers from the central government's budget to the local government's budget; d) Investment portfolio and investment capital of public investment projects of national significance and national target programs; dd) Main solutions and policies for implementation of midterm public investment plans. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
The Prime Minister shall assign tasks of midterm public investment plans, including total capital and structure of the state budget’s capital, to Ministries, central and local regulatory authorities; investment portfolio, capital of public investment programs and projects, capital used for performing planned tasks, investment preparatory tasks and other public investment objects using the central budget's capital.
Article 61. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 61.
Submission, representation, approval and assignment of tasks of annual public investment plans using the state budget's capital 1.
Before every September 20, the Government shall propose annual public investment plans using the state budget’s capital to get opinions from the National Assembly Standing Committee.
2.
Before every October 20, the Government shall propose public investment plans using the state budget’s capital intended for the subsequent year to the National Assembly.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Before every November 15, the National Assembly shall make its decision on public investment plans using the state budget’s capital intended for the subsequent year.
4.
Before every November 30, the Prime Minister shall assign tasks involved in public investment plans using the state budget’s capital intended for the subsequent year in which total capital and structure of capital have already been decided by the National Assembly to Ministries, central and local regulatory authorities.
5. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Before every December 31, Ministries, central and local regulatory authorities shall organize the detailed distribution of the capital of public investment plans using the state budget's capital intended for the subsequent year, investment portfolio and capital allocated to specific projects to their directly affiliated entities and units and inferior- level People’s Committees, and shall send detailed distribution plans to the Ministry of Planning and Investment for compiling purposes, for reporting to the Government and for monitoring purposes. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 62.
Submission, representation, approval and assignment of tasks of midterm public investment plans using the local budget's capital 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Before December 5 of the fifth year in the previous midterm public investment plan, People’s Committees shall propose contents prescribed in Article 49 to get opinions from same-level People's Councils; in particular, with respect to the first year’s public investment plan for the subsequent period, based on the estimate of the local budget’s capital expenditures, People’s Committees shall propose such plan to seek the decision from same–level People’s Councils.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Pursuant to the National Assembly’s resolution regarding midterm public investment plans for the new period and the resolution of the provincial-level People's Council regarding the 5-year socio-economic development plan, the provincial-level People's Council shall decide on midterm public investment plans to be implemented at their localities, including total budgeted capital of midterm public investment plan, investment portfolio, capital allocated to specific projects using the provincial budget's capital and target transfers to the inferior budget, and shall send a report to the Ministry of Planning and Investment and the Ministry of Finance for compiling purpose and reporting to the Government. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Pursuant to the resolution of the provincial-level People’s Council regarding a midterm public investment plan, the district-level People’s Council shall decide the midterm public investment plan under its jurisdiction, including total budgeted capital of the midterm public investment plan, investment portfolio and the local budget's capital allocated to specific projects and target transfers to the inferior budget.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
Pursuant to the resolution of the district-level People’s Council regarding a midterm public investment plan, the commune-level People’s Council shall decide the midterm public investment plan under its jurisdiction, including total budgeted capital of the midterm public investment plan, investment portfolio and the local budget's capital allocated to specific projects.
5. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
5.
Within the maximum period of 30 days after the People’s Council at any level adopts the resolution on midterm public investment plan, the same-level People’s Committee shall assign tasks of midterm public investment plans to their affiliates, including gross investment, portfolio of public investment programs and projects and capital allocated to specific projects.
Article 63. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 63.
Submission, representation, approval and assignment of tasks of annual public investment plans using the local budget's capital 1.
Before every December 5, People’s Committee shall present subsequent-year public investment plan to the same- level People’s Council, including investment portfolio and capital allocated to specific projects.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Before every December 10, the provincial-level People’s Council shall decide the subsequent-year public investment plan under its jurisdiction, including investment portfolio and capital allocated to specific projects.
3.
Before every December 20, the district-level People’s Council shall decide the subsequent-year public investment plan under its jurisdiction, including investment portfolio and capital allocated to specific projects.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
Before every December 31, the People's Committee at any level shall assign tasks of subsequent-year public investment plan to their affiliates.
Chapter IV IMPLEMENTATION, MONITORING, ASSESSMENT, AUDIT AND SUPERVISION OF PUBLIC INVESTMENT PLANS, PROGRAMS AND PROJECTS Section 1.
CONDUCT AND IMPLEMENTATION OF PUBLIC INVESTMENT PLANS Article 64.
Administration of public investment plans 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Administration of public investment plans 1.
Pursuant to the National Assembly’s resolution regarding midterm and annual public investment plans, the Government shall regulate measures to take control of and implement these plans.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Pursuant to the National Assembly’s resolution, the competent authority’s decision on assignment of planned tasks and the resolution of the People’s Council at any level regarding midterm and annual public investment plans, Ministries, central and local regulatory authorities, district-level, commune-level People's Committees and other affiliated entities using public investment capital shall make their decisions on measures to take control of administering public investment plans funded by funding sources under their respective management. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
The Prime Minister may coordinate and integrate funding sources intended for implementation of public investment programs using the state budget’s capital of Ministries, central and local regulatory authorities, affiliated entities and units using public investment capital provided that goals and objectives of public investment programs and projects are not changed.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
The Chairman/Chairwoman of the provincial-level People’s Committee may decide to coordinate and integrate funding sources intended for implementation of public investment programs and projects using the local budget’s capital and other borrowings of the local budget for investment purposes provided that goals and objectives of public investment programs and projects remain unchanged.
Article 65.
Enforcement of public investment plans 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Enforcement of public investment plans 1.
Ministries, central and local regulatory authorities, district-level and commune-level People’s Committees shall assume the following responsibilities: a) Inform or decide assignment of tasks of public investment plans to their affiliated entities and units using public investment capital; b) Report to senior competent authorities on assignment of tasks of public investment plans.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Affiliated entities and units using public investment capital shall be obliged to send senior competent authorities review reports on implementation of public investment plans under the Government’s regulations.
3.
The Ministry of Planning and Investment and bodies specialized in management of public investment shall be responsible for checking and expediting assignment of planned tasks and enforcement of public investment plans under the senior competent authority's regulations.
Article 66. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 66.
Implementation of public investment plans 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Ministries, central and local regulatory authorities, district-level and commune-level People’s Committees, affiliated entities and units using public investment capital shall assume the following responsibilities: a) Take charge of carrying out public investment plans to meet objectives already decided by competent authorities; b) Implement public investment projects according to the schedule and budget plan already decided by competent authorities; c) Plan and organize procurement to select contractors with respect to bids belonging to public investment projects funded according to public investment plans already obtaining the competent authority’s decision; d) Carry out the commissioning and acceptance testing, make payments for and final accounts as agreed upon in contracts with respect to bids already completed and transferred to put these projects in operation; dd) Balance funding sources to repay debts accruing from capital construction activities as provided in clause 4 of Article 101 herein; e) Ensure scope and scale of investment in each public investment project are aligned with objectives, sectors and programs already approved and conform to plans for use of allocated capital; g) Monitor, inspect and assess implementation of public investment plans. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
The Ministry of Planning and Investment shall provide instructions for, monitor, assess and inspect implementation of midterm and annual public investment plans of Ministries, central regulatory authorities and provincial-level People’s Committees.
3.
The Ministry of Finance shall ensure allocation of a full amount of the central budget’s capital specified in public investment plans already decided by competent authorities.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
The Government shall adopt specific regulations on implementation of public investment plans.
Article 67.
Modification of public investment plans 1.
The National Assembly shall decide to modify the entire midterm and annual public investment plan using the state budget’s capital a) due to any adjustment in the national socio-economic development strategy and plan; b) due to any sudden change in the state budget balance or capacity for calling for funds of different sorts.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
The National Assembly Standing Committee shall decide to modify midterm and annual public investment plans using the central budget’s capital to ensure the concordance between those of Ministries, central and local regulatory authorities if total midterm and annual investment capital already decided by the National Assembly are kept unchanged.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
The Prime Minister shall, after allowing for specific circumstances arising in the plan period, decide to modify midterm public investment plans using the central budget’s capital of Ministries, central and local regulatory authorities that is assigned in accordance with clause 3 of Article 60 herein in comparison with the gross investment capital of specific Ministries, central and local regulatory authorities under the National Assembly’s decision.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
The Ministry of Planning and Investment shall assume the following responsibilities: a) Preside over the evaluation of plans for modification of midterm public investment plans using the central budget’s capital to ensure concordance between these plans of Ministries, central and local regulatory authorities, and report to the Government to propose such modification to the National Assembly Standing Committee to seek its decision; b) Preside over the internal evaluation of plans for modification of midterm public investment plans using the central budget’s capital or the evaluation thereof to ensure concordance between sector- and industry-specific plans and programs of Ministries, central and local regulatory authorities, and report to the Prime Minister to seek his decision. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
5. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Ministers and Heads of central regulatory authorities shall have the following powers and responsibilities: a) Adjust annual public investment plans using the central budget's capital to ensure concordance between projects listed in the investment portfolio decided by competent authorities provided that it does not exceed the gross investment capital assigned by competent authorities in public investment plans; b) Send reports to the Ministry of Planning and Investment and the Ministry of Finance for compiling and monitoring purposes with respect to the central budget’s capital. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
6.
The provincial-level People’s Committee shall have the following powers and responsibilities: a) Adjust annual public investment plans using the central budget’s target transfers under their jurisdiction provided that they do not exceed the gross investment capital assigned by competent authorities in public investment plans; b) Send reports to the Ministry of Planning and Investment and the Ministry of Finance for compiling and monitoring purposes with respect to the central budget’s target transfers. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
7.
The People’s Council at any level shall decide to modify midterm and annual public investment plans using the local budget’s capital a) due to any adjustment in objectives of local socio-economic development plans; b) due to any sudden change in the local budget balance or capacity for calling for funds of different sorts at localities; c) due to any change in demands for or capacity for making investment of annual budgeted capital of local entities and units.
8. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
8.
People’s Committee at any level shall decide to modify midterm and annual public investment plans using the local budget’s capital for investment purposes between and within the sectors, industries and programs of entities and units using such capital, and report to the same-level People’s Council in the upcoming meeting.
9.
The Government shall adopt specific regulations on processes and procedures for modification of midterm and annual public investment plans using the state budget’s capital. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 68.
Deadlines for implementation and disbursement of capital defined in midterm and annual public investment plans 1.
Implementation and disbursement of capital defined in midterm and annual public investment plans shall last till end of January 31 of the first year in the midterm public investment plan for the subsequent period.
2.
Implementation and disbursement of capital of midterm and annual public investment plans shall last till January 31 of the subsequent year. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
In case any force majeure event occurs, the Prime Minister shall decide the deadline with respect to the central budget while the provincial-level People’s Council shall decide the deadline with respect to the local budget.
In such situations, the timelength of implementation may be extended but not later than December 31 of the subsequent year.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
As for public investment programs and projects using non-refundable ODA funds which have not yet been estimated or exceed the estimated budget assigned to them, the Government shall report to the National Assembly Standing Committee to get their opinions beforehand and make representations to the National Assembly in the upcoming meeting.
Section 2.
MONITORING, ASSESSMENT, AUDIT AND SUPERVISION OF PUBLIC INVESTMENT PLANS, PROGRAMS AND PROJECTS Article 69. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Monitoring and inspection of public investment plans 1.
Bodies specialized in management of public investment shall take charge of monitoring and inspecting public investment plans under their management.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Subject matters of monitoring and inspection of public investment plans: a) Review of implementation of law on public investment; b) Design, evaluation, approval and assignment of tasks of public investment plans; c) Design, evaluation, approval and implementation of public investment programs and projects listed in public investment plans; d) Review of implementation of the previous-year public investment plan. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
dd) Review of debts accruing from capital construction activities, waste and loss arising from public investment activities.
Article 70.
Assessment of public investment plans 1.
Midterm public investment plans shall be subject to the assessment made during and end of the plan period.
2.
Annual public investment plans shall be subject to the assessment made on an annual and quarterly basis.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Subject matters of the assessment of a public investment plan shall include: a) Level of attainment of objectives compared to those defined in public investment plans already approved by competent authorities; b) Impacts of public investment plans on attraction of investments from other funding sources and socio-economic development outcomes; c) Feasibility of public investment plans; d) Review of public investment management; dd) Difficulties and problems; causes of difficulties and problems arising from implementation of public investment plans and recommended solutions. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 71.
Monitoring and inspection of public investment programs and projects 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Governing bodies, program and project owners, persons competent in making decisions on investment in programs and projects and state regulatory authorities in charge of public investment shall carry out the monitoring and inspection of the entire process of investment in these programs and projects with respect to approved subject matters and items of monitoring and inspection in order to ensure fulfillment of investment objectives and investment efficiency.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Inspection of public investment programs and projects shall be carried out under the following regulations: a) Program or project owner shall inspect public investment programs or projects under their delegated authority; b) Governing body and person competent in making investment decisions shall carry out at least one inspection of public investment programs or projects with the duration of implementation thereof which is more than 12 months; c) Governing body and person competent in making investment decisions shall carry out the inspection when any modification of public investment programs or projects may result in any change in location, objectives or scale, or any increase in the gross investment capital, and as otherwise necessary; d) State regulatory authorities in charge of public investment shall decide to carry out the planned or unplanned inspection of public investment programs and projects. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 72.
Assessment of public investment programs and projects 1.
Assessment of public investment programs and projects may be classified into initial assessment, midterm or stage-by-stage assessment, final assessment, impact assessment and ad-hoc assessment.
2.
Public investment programs must be subject to the midterm or stage-by-stage assessment, final assessment and impact assessment.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Public investment projects of national significance and group-A public investment projects shall be subject to the initial assessment, midterm assessment, final assessment and impact assessment.
4.
Group-B and group-C public investment projects shall be subject to the final assessment and impact assessment.
5. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
5.
Notwithstanding provisions laid down in clause 2, 3 and 4 of this Article, governing bodies, persons competent in making investment decisions and state regulatory authorities in charge of public investment shall be entitled to decide other assessment provided for in clause 1 of this Article where necessary.
Article 73.
Subject matters of assessment of public investment programs and projects 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
The primary assessment shall address: a) Preparation, arrangement and mobilization of resources for implementation of public investment programs and projects to ensure conformity with the approved objectives and schedules; b) Difficulties and unsolved issues that may arise in comparison with those arising on the date of approval of public investment program and project; c) Recommended measures to deal with these difficulties and unsolved issues in line with actual conditions.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
The midterm or stage-by-stage assessment shall address: a) Consistency of outcomes of a public investment program and project with investment goals and objectives; b) Level of completion of workloads determined till the assessment date compared with that specified in the approved plan; c) Recommended measures, including the measure regarding adjustments in a public investment program and project.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
The final assessment shall address: a) Process of implementation of a public investment program and project, including: Management of implementation of a public investment program or project; fulfillment of objectives of a public investment program or project; mobilized resources; benefits that beneficiaries gain from a public investment program or project; impacts and sustainability of a public investment program or project; b) Lessons learned from the process of implementation of a public investment program or project and useful advice; responsibilities of consulting organizations, governing bodies, program/project owners, persons competent in granting decisions on investment policies, investment decisions and other entities or persons involved. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
The impact assessment shall address: a) Review of current economic - engineering operational conditions; b) Socio-economic impacts; c) Environmental and biological impacts; d) Project sustainability; dd) Lessons learned from investment policies, investment decisions, implementation and operation of a public investment program or project; responsibilities of consulting organizations, governing bodies, program/project owners and persons competent in granting decisions on investment policies, investment decisions and other entities or persons involved. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
5. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
The ad-hoc assessment shall address: a) Consistency of outcomes of a public investment program and project determined at the assessment date with investment goals and objectives; b) Level of completion of workloads determined till the assessment date compared with that specified in the approved plan; c) Determination of issues arising unexpectedly (if any), causes thereof and responsibilities of entities and persons involved; d) Impacts and extent of impacts of issues arising unexpectedly on implementation of a public investment program or project, and capabilities of accomplishing objectives defined in a public investment program of project; dd) Recommended solutions. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
6.
The Government shall adopt regulations on methods and criteria for assessment of effectiveness in investment in public investment programs and projects.
Article 74.
Public investment supervision 1.
Public investment programs and projects shall be subject to the public supervision.
Vietnam Fatherland Front Committees at all levels shall take charge of ensuring the public supervision and criticism over investment activities.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Governing bodies must refer and respond to and seriously take opinions of inhabitants living at or near project sites as to the decision on investment in public investment projects of national significance, group-A public investment projects, those projects associated with a large scale of residential mobility, resettlement and agricultural resettlement, those projects posing risks of causing huge environmental impacts, those projects directly impacting socio-economic lives of communities at or near project sites in terms of investment guidelines, policies on investment, construction, land, waste treatment and environmental protection, compensation, site clearance and agricultural and residential resettlement plans as per law. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
The public supervision shall focus on: a) Compliance with law on investment, construction, land, waste treatment and environmental protection; b) Compensation, site clearance and agricultural and residential resettlement plans that assure rights and interests of the People; c) Public investment programs or projects using portions of the public capital participation; d) Implementation and progress of public investment programs or projects; dd) Public disclosure and transparency of public investments prescribed in Article 14 herein; e) Discovery of acts that may harm public benefits; negative impacts of a public investment project on the living environment of the public during the period of investment in and operation of a public investment project; activities that inflict any loss and waste of capital and assets of a public investment project. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 75.
Documentation requirements and procedures for public supervision 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Vietnam Fatherland Front Committees shall preside over and cooperate with other socio-political organizations and entities involved in performing the following tasks: a) Preparing annual plans for the public supervision over public investment programs and projects implemented at localities as prescribed in clause 3 of Article 74 herein; b) Establishing a public investment supervision commission in charge of each pubic investment program or project; c) Informing program/project owners and management units about supervision plans and the composition of the public investment supervision commission within the duration of 45 days before the supervision commences. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Program or project owners and management units shall assume the following responsibilities: a) Provide documents related to implementation of public investment programs and projects under the provisions of clause 2 of Article 74 herein on an adequate, truthful and timely manner to the public investment supervision commission; b) Enable the public investment supervision commission to carry out supervision activities in accordance with law; c) Take public opinions seriously and strengthen measures to implement public investment projects. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 76.
Implementary responsibilities for monitoring, inspection and assessment of public investment plans, programs and projects 1.
Program/project owners shall take charge of carrying out the monitoring, inspection, primary, midterm and final assessment of public investment programs and projects.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Governing bodies, investment decision makers and state regulatory authorities in charge of public investment shall carry out the monitoring, inspection, impact assessment and ad-hoc assessment of public investment programs and projects under their delegated authority.
3.
Entities subject to the assessment requirement may carry out self-assessment or hire other experts or qualified and competent consulting bodies to provide assessment services.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
The Government shall adopt detailed regulations on the monitoring, inspection and assessment of public investment plans, programs or projects and public supervision of public investment activities.
Article 77.
Public investment audit 1.
Audit of management and use of public investment capital shall be subject to provisions hereof and other provisions of relevant law.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Audit of public investment activities must be related to implementation of audit functions and duties of specific competent entities and must conform to audit documentation requirements and procedures prescribed in law on auditing.
3.
Audit conclusions regarding public investment activities shall be publicly disclosed under law. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
In case of any violation against law arising from public investment activities, auditing bodies shall be authorized to impose sanctions or refer such violation to jurisdictional authorities to take proper actions.
Chapter V DUTIES, POWERS AND RESPONSIBILITIES OF ENTITIES AND PERSONS INVOLVED IN PUBLIC INVESTMENT ACTIVITIES Article 78.
Duties and powers of the National Assembly 1.
Promulgate laws and resolutions regarding public investment.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Issue decisions on policies for investment in national target programs and public investment projects of national significance using public investment capital.
3.
Make decisions and adjustments regarding midterm and annual public investment plans.
4.
Adjust criteria for classification of public investment projects of national significance.
5. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
5.
Supervise the implementation of public investment plans, national target programs, and public investment projects of national significance; supervise compliance with law on public investment.
Article 79.
Duties and powers of the Government 1.
Carry out the consistent state management of public investment.
2.
Petition the National Assembly to promulgate laws and resolutions; petition the National Assembly Standing Committee to promulgate ordinances and resolutions regarding public investment.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Promulgate legislative documents on management of public investment.
4.
Recommend the National Assembly to grant decisions on policies for investment in national target programs and public investment projects of national significance.
5.
Make decisions on policies for investment in public investment programs as prescribed in clause 2 of Article 17 herein.
6.
Prepare midterm and annual public investment plans for submission to the National Assembly to seek its decision or approval of modification. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
7.
Preside over implementation of midterm and annual public investment plans.
8.
Submit review reports to the National Assembly on implementation of midterm and annual public investment plans, national target programs and public investment projects of national significance.
9. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
9.
Take charge of carrying out the inspection and audit of implementation of midterm and annual public investment plans; inspect implementation of public investment programs and projects using the central budget’s capital, legitimate revenues that state regulatory authorities, public service units retain for investment purposes, and the inspection of implementation of objectives and public investment policies at localities.
Article 80. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 80.
Duties and powers of the Ministry of Planning and Investment Ministry of Planning and Investment shall act as a presiding body assisting the Government in carrying out the state management of public investment, and shall have the following responsibilities and powers: 1.
Promulgate or petition competent authorities to promulgate legislative documents related to public investment, distribution and use principles, criteria and norms of public investment capital; 2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Preside over and cooperate with the Ministry of Finance in reporting to the Government on determination of the state budget’s capital expenditures for national investment and development activities in the specific sectors and industries which are defined in midterm and annual public investment plans; 3.
Prepare the national midterm and annual public investment plan for submission to the Government and the Prime Minister; 4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Prepare the national midterm and annual public investment plan for submission to the Government and the Prime Minister so that the plan is considered before being submitted to the National Assembly or the National Assembly Standing Committee to seek its approval of any modification; 5.
Preside over and cooperate with entities involved in carrying out the evaluation of funding sources and capital balancing capability in accordance with Article 33 herein; 6. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Bear responsibility to the Government for the consistent state management of national target programs; 7.
Take charge of carrying out, monitoring, inspecting, assessing and auditing public investment plans, programs and projects and other tasks of state management related to public investment.
Article 81.
Duties and powers of the Ministry of Finance 1.
Cooperate with the Ministry of Planning and Investment in designing midterm and annual public investment plans.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Cooperate with the Ministry of Planning and Investment in reporting to the Government on determination of the state budget’s capital expenditures for the national investment and development activities in the specific sectors and industries which are defined in midterm and annual public investment plans.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Preside over and cooperate with the Ministry of Planning and Investment in instructing financial local authorities to balance regular expenditures on payment of costs of formulation, evaluation of and decision on investment policies, approval of decisions on investment in public investment programs, repair and operation of public investment projects already brought into operation.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
Preside over recommending competent authorities to adopt or adopt, within its jurisdiction, regulations on managing, paying and making final accounts of costs incurred from projects using public investment capital.
5.
Report to the Government on disbursement of capital to, and final accounts of costs incurred from, public investment plans, programs and projects.
Article 82.
Duties and powers of Ministries and central regulatory authorities 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Perform the function of state management of public investment in accordance with law.
2.
Adopt, provide instructions about, inspect and supervise implementation of technical standards, regulations and socio-economic norms.
3.
Preside over and cooperate with entities involved in carrying out the evaluation of funding sources and capital balancing capability of public investment projects as provided in Article 33 herein.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
Grant decisions on policies for investment in projects as per clause 5 of Article 17 herein and decisions on investment in projects as per clause 2 of Article 35 herein.
5.
Take charge of preparing public investment plans.
6.
Carry out the monitoring, assessment, supervision, inspection and audit of implementation of public investment plans, programs and projects under their respective jurisdiction.
7.
Report on implementation and outcomes of public investment plans, programs and projects.
8. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
8.
Cooperate with Ministries, central and local regulatory authorities in carrying out public investment plans, programs and projects within their assigned duties and under their delegated powers.
Article 83.
Duties and powers of People’s Councils at all levels 1.
Make decisions on policies for investment in public investment programs and projects as prescribed in clause 6 and 7 of Article 17 herein. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2. Review and give opinions on midterm and annual public investment plans of localities, including investment portfolios and funds allocated to specific projects using the central budget's target transfers.
3.
Make decisions on investment in midterm and annual public investment plans of localities, including entire investment portfolios and funds allocated to specific projects using the local budget's capital.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
Supervise public investment projects using public investment capital assigned to be put under the control of localities, including the central budget’s capital, the local budget’s capital, legitimate revenues that state regulatory authorities and public service units retain for investment purposes under the management of these localities.
Article 84.
Duties and powers of provincial-level People’s Committees 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Perform the function of state management of public investment made at localities falling within their remit in accordance with law.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Petition provincial-level People's Councils to: a) Make decisions on policies for investment in public investment programs and projects using the local budget’s capital; b) Consider giving opinions on investment policies for projects under the authority to grant decisions on investment policies delegated to the Prime Minister as provided in clause 4 of Article 17 herein; c) Consider granting decisions on midterm and annual public investment plans based on investment portfolios and capital allocated to specific projects falling within their remit. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Chairman/Chairwoman of the provincial-level People’s Committee may authorize his/her deputies or heads of specialized agencies to make decision on investment in group-B and group-C public investment projects under the provincial-level authority, except those projects specified in point c of clause 1 of Article 35 herein.
4.
Take charge of carrying out, monitoring and assessing public investment plans using public investment capital that fall within their respective remit.
5. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
5.
Cooperate with Ministries and central regulatory authorities in carrying out, monitoring, inspecting and assessing public investment programs and projects falling within their remit.
Article 85.
Duties and powers of district- or commune-level People’s Committees 1.
Take charge of preparing midterm and annual public investment plans falling within their remit.
2.
Take charge of carrying out the evaluation of public investment programs and projects falling within their remit.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Petition same-level People's Councils to: a) Issue decisions on policies for investment in public investment programs and project using the local budget’s capital, including target transfers from the senior-level budget; b) Contribute opinions on investment policies for projects under the authority to grant decisions on investment policies delegated to the Prime Minister as provided in clause 4 of Article 17 herein and superior-level People’s Councils; c) Make decisions on midterm and annual public investment plans using the local budget’s capital that fall within their remit. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
District-level and commune-level People’s Committees shall issue decisions on investment in public investment programs and projects specified in clause 4 of Article 35 herein.
5.
Take charge of carrying out, monitoring, inspecting, assessing and auditing public investment plans, programs and projects and other tasks of state management related to public investment that fall within their remit.
6. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
6.
Cooperate with regulatory authorities and entities involved in carrying out, monitoring, inspecting and assessing public investment programs and projects falling within their remit.
Article 86.
Duties and powers of the State Audit 1.
Make decisions on annual audit plans in terms of public investment plans, programs and projects and give prior notice to the National Assembly before carrying out audit.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Take charge of the annual audit plan, specialized audit and carry out the audit of public investment plans, programs and projects upon the request of the National Assembly, the National Assembly Standing Committee, the State President, the Government and the Prime Minister.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Report to the National Assembly and National Assembly Standing Committee on results of the annual audit, the specialized audit and results of implementation of auditors’ recommendations about public investment plans, programs and projects.
4.
Take charge of publicly disclosing and announcing audit reports on public investment plans, programs and projects under law.
Article 87.
Duties and powers of Vietnam Fatherland Front Committee 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Preside over public supervision and criticism of public investment activities with respect to public investment programs and projects specified in clause 1 and clause 3 of Article 74 herein and other provisions of relevant soft law.
2.
Conduct public opinion surveys on investment policies for public investment programs and projects at localities falling within their remit in accordance with clause 2 of Article 74 herein and law on implementation of democracy at communes, wards and towns.
Article 88. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 88.
Rights and responsibilities of entities and persons regarding recommendation on investment policies 1.
Recommend public investment programs and projects in line with related socio-economic development strategies, plans and planning schemes as provided in law on planning over periods of time.
2.
Mobilize and balance resources to ensure public investment programs and projects are carried out on schedule and by the deadlines in accordance with regulations in force.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Petition competent authorities to consider granting decisions on investment policies when proving that public investment programs are not the same as others and regular tasks under their delegated powers and within the scope of their assigned duties.
4.
Take responsibility for information and data related to recommended public investment programs and projects.
Article 89.
Rights and responsibilities of entities and persons concerning investment policy decisions 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Entities, persons and heads of organizations shall make decisions on policies for investment in public investment programs and projects in conformance to regulations laid down in Article 18 herein.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Entities, persons and heads of organizations making investment policy decisions for public investment programs and projects that are carried out for 2 consecutive terms of midterm public investment plans must ensure that total value of the gross investment in public investment programs and projects to be implemented during the midterm public investment plan for the subsequent period does not exceed 20% of total capital defined in the midterm public investment plan for the previous period of these entities and regulatory authorities. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 90.
Rights and responsibilities of program/project owners regarding design of public investment programs and projects 1.
Assume legal liability for contents of documentation submitted to competent authorities to request their evaluation, inspection and grant of decisions.
2.
Provide necessary documents for bodies carrying out evaluation and inspection of public investment programs and projects.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Recommend measures to mobilize funds to ensure public investment programs and projects are carried out on schedule and by the deadlines as provided in regulations in force.
4.
Assume legal liability for design of public investment programs and projects.
Article 91.
Rights and responsibilities of entities and persons concerning decisions on investment in public investment programs and projects 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |