(MPI) - Pursuant to the provisions of the Law on Promulgation of Legal Documents and the direction of the Prime Minister in Decision No. 1610/QD-TTg dated December 19, 2024 on promulgating the List and assigning the agency in charge of drafting documents detailing the implementation of laws and resolutions passed by the 15th National Assembly at the 8th Session, the Ministry of Planning and Investment is drafting a Decree detailing the implementation of a number of articles of the Law on Public Investment.
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| Illustration photo. Source: MPI |
According to Submission No. 10815/TTr-BKHĐT on the draft Decree detailing the implementation of a number of articles of the Law on Public Investment, the Law on Public Investment No. 58/2024/QH15 (Law on Public Investment 2024) was passed by the 15th National Assembly at the 8th session on November 29, 2024, taking effect from January 1, 2025. According to the provisions of Clause 2, Article 102 of the Law on Public Investment 2024, the Law on Public Investment No. 39/2019/QH14 (Law on Public Investment 2019) will also expire from January 1, 2025.
According to the provisions of the Law on Promulgation of Legal Documents, Decree No. 40/2020/ND-CP dated April 6, 2020 of the Government detailing a number of articles of the Law on Public Investment will also expire from January 1, 2025. Therefore, it is necessary to urgently develop and promulgate a Decree replacing Decree No. 40/2020/ND-CP to avoid creating a legal gap when the Law on Public Investment 2024 comes into effect, creating conditions for ministries, central and local agencies to establish, appraise, approve programs, tasks, projects and develop medium-term public investment plans for the period 2026-2030.
In Decision No. 1610/QD-TTg, the Prime Minister assigned the Ministry of Planning and Investment to develop 02 Decrees detailing the articles and clauses assigned to the Government by the 2024 Law on Public Investment, including: The Decree detailing the implementation of a number of articles of the Law on Public Investment details 20 clauses; The Decree on management and use of official development assistance capital (ODA capital) and foreign preferential loans details 11 clauses.
The Draft Decree is designed to detail 22 provisions of the 2024 Public Investment Law assigned to the Government for detailed regulation in order to inherit, continue the effectiveness and amend the provisions of Decree No. 40/2020/ND-CP in accordance with the provisions of Decree No. 40/2020/ND-CP, avoiding creating legal gaps in implementation; Supplementing detailed regulations for a number of newly arising regulated subjects in the 2024 Public Investment Law compared to the 2019 Public Investment Law.
The Draft Decree is built on the viewpoints of ensuring consistency and conformity with the Law on Public Investment, only detailing the implementation of articles and clauses assigned by the Law to the Government and within the scope of the Decree; Inheriting, continuing the legal effect, amending in accordance with current regulations in Decree No. 40/2020/ND-CP.
The provisions in the draft Decree ensure clarity, no overlap, duplication and no contradiction with the provisions of other Laws and Decrees; at the same time ensure publicity, transparency and feasibility for implementation.
The Draft Decree basically absorbs and inherits the contents stipulated in Decree No. 40/2020/ND-CP, which has been steadily implemented in the recent past, regarding the order and procedures for investment implementation for subjects of preferential credit interest rate compensation, management fees; providing charter capital for policy banks, non-budgetary state financial funds; supporting investment for other subjects according to the Government's decision or the Prime Minister's decision.
Decentralization of authority, order and procedures for deciding on investment policies and investment decisions for programs and projects using capital from legal revenue sources of state agencies and public service units for investment in accordance with regulations on financial autonomy of agencies and units; Documents, contents and time for appraisal and decision on investment policies for programs and projects; Principles, authority, order and procedures for deciding on investment policies for group A, group B and group C projects abroad.
Records, order, procedures, and contents of adjusting investment policies for programs and projects; Decentralization of authority, order, and procedures for deciding on investment for programs and projects using capital from legal revenue sources of state agencies and public service units for investment; Principles, authority, contents, order, and procedures for establishing, appraising, and deciding on investment in public investment projects abroad; Contents, order, and procedures for establishing, appraising, and adjusting programs and projects; Records of deciding on programs and projects, contents, and time for appraising and deciding on programs and projects.
Establish, appraise, approve and assign medium-term and annual plans for capital from legal revenue sources of state agencies and public service units for investment; Report to competent authorities on the implementation of public investment plans; Implement public investment plans; Procedures for adjusting medium-term and annual public investment plans from the state budget; Monitor, inspect and evaluate public investment plans; National information system and database on public investment.
Regarding some contents, the draft Decree has been supplemented, adjusted and simplified compared to Decree No. 40/2020/ND-CP on supplementing the concepts of Adjusted Pre-Feasibility Study Report, Report proposing adjustment of investment policy, Adjusted Feasibility Study Report (Article 3) to unify the concepts in implementation, and at the same time simplify the appraisal of investment policy adjustment, adjustment of investment decision of programs and projects in the direction of appraising only the contents proposed for adjustment.
Supplementing regulations allowing heads of ministries and central agencies to decentralize or authorize investment decisions for group B and group C projects using capital from legal revenue sources of state agencies under their management to that state agency (Article 16), similar to projects using state budget capital.
Eliminate regulations on extending the time for appraisal of investment policies and decisions on investment programs and projects to be consistent with the provisions of the law on construction and to strengthen discipline in the implementation of public investment programs and projects.
A number of regulations governing projects using ODA capital and foreign concessional loans shall be removed to conform to the scope of the Decree according to the appraisal opinion of the Ministry of Justice. These contents will be studied for unified regulations in the Decree on the management and use of ODA capital and foreign concessional loans.
Remove the content on cutting the medium-term public investment plan of the central budget of the Ministry, agency, and locality for the capital that is not fully disbursed, and is not allowed by the competent authority to extend the implementation and disbursement time. At the same time, add the responsibility of the Ministry, central agency, and locality in arranging enough capital in the central budget investment plan for the following years to complete tasks and projects on schedule, and not to let the debt of basic construction arise (Article 50).
Remove the content on advance payment of annual capital plan because it is unnecessary and the Law does not assign the Government to specify in detail. The implementation of this content is based on the provisions of the law on state budget.
Simplify the content of the National Information System and Database on Public Investment, only regulating the core and principle contents to ensure the conditions for the synchronous and effective implementation of the System. The contents on the specific procedures and sequences that need to be implemented on the System will be regulated in the Circular.
The Draft Decree also specifies 10 newly arising contents, assigned by the Law on Public Investment No. 58/2024/QH15 to the Government to specify in detail the conditions, criteria, and principles of capital allocation to entrust the implementation of preferential credit policies through the branches of the Bank for Social Policies in provinces and centrally run cities (Article 5); Classification of public investment projects (Article 13); Sectors and fields using public investment capital (Article 4); Procedures for deciding on investment policies for projects using local budget capital implemented by central agencies, projects using district and commune budget capital implemented by provincial and district agencies (Article 10); Cases of stopping investment policies for programs and projects and procedures for implementation (Article 15); Time for arranging capital for project implementation (Article 49); Procedures for preparing, approving and assigning medium-term public investment plans using state budget capital (Article 47); Procedures for preparing, approving and assigning annual public investment plans using state budget capital (Article 48); Management of implementation of investment preparation tasks, planning tasks and public investment projects without construction components (Chapter IV); Decision on investment policy for projects using capital from legal revenue sources of state agencies and public service units with implementation period within 02 consecutive medium-term planning periods (Article 6)./.
Source: https://www.mpi.gov.vn/portal/Pages/2025-1-3/Xay-dung-Nghi-dinh-cua-Chinh-phu-quy-dinh-chi-tiet02m7kp.aspx
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