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Make decisions on investment in public investment programs and projects according to investment policies already decided by competent authorities provided that such decisions meet capabilities of balancing funds falling within their respective remit, conform to standards and standard regulations on investment and are consistent with evaluation results.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Carry out the evaluation of public investment programs and projects prior to approval, including the evaluation of funding sources and capital balancing capabilities.
3.
Balance funds for payment of costs incurred from design and evaluation of public investment programs and projects falling within their remit.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
Command program/project owners to carry out public investment programs and projects on schedule, and ensure that quality of these programs and projects falls within the quality standards defined in the approved public investment plan.
5.
Make decisions on termination, temporary suspension or cancellation of public investment programs and projects.
6. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
6.
Carry out the monitoring, inspection and assessment of public investment programs and projects and activities of program/project owners performed during the period of implementation of these programs and projects.
7.
Assume legal liability for any violation against regulations on authority in the process of selection of program/project owners.
Article 92.
Rights and responsibilities of entities and persons concerning design consultancy services for 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 |
Design consultancy service providers may request program/project owners to provide information and documents related to design of public investment programs and projects.
2.
Design public investment programs and projects according to standards, standard regulations and norms and engineering solutions to ensure they meet quality requirements; avoid producing designs beyond standard regulations, prescribed standards and norms.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Take responsibility for results of design of public investment programs and projects.
Article 93.
Rights and responsibilities of entities and persons concerning evaluation of public investment plans, programs and projects 1.
Entities and persons involved in the evaluation of public investment plans, programs and projects shall carry out the evaluation under law and shall take responsibility for evaluation results and their own recommendations.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
The evaluation must ensure independence, integrity, objectivity and compliance with this Law and other provisions of relevant law.
Article 94.
Rights and responsibilities of program/project owners regarding management and implementation 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 |
Take charge of the management and implementation of public investment programs and projects, and ensure that these programs and projects are carried out according to defined targets, on schedule, meet quality and efficiency requirements.
2.
Report to and provide information for supervisory authorities and affiliates of Vietnam Fatherland Front Committees at all levels on implementation of public investment programs and projects under this Law and other provisions of relevant law.
Article 95. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 95.
Rights and responsibilities of Management Units in charge of public investment programs and projects 1.
Recommend plans and measures regarding and conduct the management and implementation of public investment programs and projects to ensure that these programs and projects are carried out according to defined targets, on schedule, meet quality requirements under the mandate from program/project owners.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Report to program/project owners on the progress in implementation of public investment programs and projects.
Article 96.
Rights and responsibilities of entities and persons for monitoring, inspection and assessment of public investment plans, programs and projects 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Ministers, Heads of central and local regulatory authorities, Chairmen/Chairwomen of district-level and commune- level People’s Committees and program/project owners shall be responsible for any consequence resulting from failure to monitor, assess and inspect public investment plans, programs and projects or make reports in accordance with regulations in force.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Entities and persons authorized to monitor, inspect and assess public investment plans, programs and projects shall be responsible for contents of their reports.
3.
Program/project owners shall be responsible for contents of their reports and shall assume responsibility before law if they make and provide incorrect reports and information about investments falling within their remit.
Article 97.
Communication system and national database regarding public investment activities 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Communication system and national database regarding public investment activities must be built and applied consistently on a nationwide scale to state management of public investment, including compiling, reporting on, assigning and adjusting midterm and annual public investment plans; monitoring and assessing public investment programs and projects; managing, storing and publicly disclosing data in accordance with regulations in force.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
Responsibilities for building, managing, using and applying the communication system and national database of public investment shall be regulated as follows: a) Ministry of Planning and Investment shall take charge of building, managing and operating the communication system and national database of public investment; b) Ministries, central and local regulatory authorities shall apply the communication system and national database of public investment to activities under their jurisdiction.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
Data and information included in the communication system and national database of public investment must be original data and information of or related to public investment programs, projects and plans.
4.
The Government shall set out specific provisions of this Article.
Article 98. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 98.
Disciplinary actions Entities and persons committing violations against this Law shall be disciplined or subject to administrative penalties or criminal prosecution, depending on the nature and extent of their violation; in case where any loss or damage occurs, compensation must be paid under law.
Chapter VI IMPLEMENTATION PROVISIONS Article 99.
Amendments to point a of clause 2 of Article 25 in the Law on Environmental Protection No.
55/2014/QH13 amended and supplemented by the Law No. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
35/2018/QH14 Amending point a of clause 2 of Article 25 in the Law on Environmental Protection as follows: “a) Grant decisions on investment policies for projects specified in Article 18 herein if they are subject to the regulatory requirement that binds them to obtain investment policy decisions. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
As for public investment projects, competent authorities may, based on the preliminary assessment of environmental impacts, grant investment policy decisions; based on the environmental impact assessment, grant investment decisions with respect to those projects specified in Article 18 herein.
The Government shall adopt specific regulations on projects and contents of the preliminary assessment of environmental impacts;”.
Article 100.
Entry into force 1.
This Law shall take effect on January 1, 2020. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
This Law shall take effect on January 1, 2020.
2.
The Law on Public Investment No.
49/2014/QH13 already amended and supplemented by the Law No.
28/2018/QH14 shall be repealed from the date of entry into force of this Law, except as provided in clause 3 and clause 5 of Article 101 herein.
Article 101.
Transitional provisions 1. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
Article 101.
Transitional provisions 1.
If public investment programs and projects receiving allocated capital defined in investment plans that obtain investment decisions from competent authorities prior to January 1, 2015 are not allocated capital according to midterm public investment plans for the period of 2016 – 2020, modification of these programs and projects shall be subject to regulations laid down herein.
2. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
2.
If public investment programs and projects already obtaining investment policy decisions and investment decisions under the Law on Public Investment No.
49/2014/QH13 already amended and supplemented by the Law No.
28/2018/QH14 have not yet mentioned in public investment plans subject to the competent authority's decisions, modification of investment policy decisions and investment decisions for these programs and projects shall be subject to regulations enshrined herein.
3. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
3.
If public investment programs and projects have already undergone procedures for design and evaluation prior to the entry into force of this Law, they must proceed with procedures for recommending them to seek the competent authority's decisions under the Law on Public Investment No.
49/2014/QH13 already amended and supplemented by the Law No.
28/2018/QH14 and other instruments providing details and instructions about implementation thereof.
4. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
4.
Capital defined in public investment plans shall be allocated to repay debts only if such debts accrue from capital construction activities prior to January 1, 2015.
5.
Ministries, central and local regulatory authorities shall be entitled to carry out and disburse funds for public investment plans of 2019 and 2020 in accordance with the Law on Public Investment No.
49/2014/QH13 already amended and supplemented by the Law No. | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |
28/2018/QH14 and other instruments providing details and instructions about implementation thereof.
This Law is passed in the 7th plenary session of the XIVth National Assembly of the Socialist Republic of Vietnam held on June 13, 2019.
NATIONAL ASSEMBLY’S CHAIRWOMAN Nguyen Thi Kim Ngan | https://transfered-docs-lawep.s3.amazonaws.com/thematic1e/rr/1726050216289.pdf | https://faolex.fao.org/docs/pdf/vie202112.pdf |