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Drafting a Decree detailing the implementation of a number of articles of the Law on Public Investment (amended)

Bộ Tài chínhBộ Tài chính05/11/2024


(MPI) – On October 19, 2024, in Submission No. 683/TTr-CP, the Government submitted to the National Assembly the draft Law on Public Investment (amended), accordingly proposing that the National Assembly pass the Law at the 8th Session of the 15th National Assembly.

To ensure a full legal basis to facilitate the implementation of the Law immediately after the National Assembly passes it, the Ministry of Planning and Investment has drafted a Decree detailing the implementation of a number of articles of the Law on Public Investment (amended).

On the scope of adjustment, documents, contents and time of appraisal, decision on investment policy, decision on adjustment of investment policy, cases of adjustment of investment policy of public investment programs and projects of groups A, B, C; Documents, contents and time of appraisal, decision on programs and projects; contents, order and procedures for preparation, appraisal and adjustment of public investment programs and projects of groups A, B, C.

Principles, authority, order and procedures for deciding on investment policies; principles, authority, content, order and procedures for establishing, appraising and deciding on investment in public investment projects of groups A, B and C abroad; Decentralization of authority, order and procedures for deciding on investment policies and deciding on investment for programs and projects of groups A, B and C using capital from legal revenue sources of state agencies and public service units for investment.

Procedures for investment implementation for subjects of preferential credit interest rate compensation for management fees; providing charter capital for policy banks, non-budgetary state financial funds; investment support for other subjects according to the Government's Decree or the Prime Minister 's decision.

Manage the implementation of investment preparation tasks, planning tasks and public investment projects without construction components; Prepare, appraise, approve and assign medium-term and annual plans for capital from legal revenue sources of state agencies and public service units for investment.

Solutions for organizing, implementing, and reporting to competent authorities on the implementation of medium-term and annual public investment plans; Procedures for adjusting medium-term and annual public investment plans using state budget capital.

National information system and database on public investment; Procedures for separating compensation, support, resettlement, and site clearance into independent projects; Classifying public investment projects into groups A, B, and C.

Sectors and fields using public investment capital; Extension of time for arranging capital for project implementation; Procedures for preparing, approving and assigning medium-term and annual public investment plans using state budget capital; Procedures for stopping investment policies for public investment programs and projects.

Regarding sectors and fields using public investment capital, it is arranged for public investment subjects according to the provisions of the Law on Public Investment: National defense; Security and social order and safety; Education and training and vocational education; Science and technology; Health, population and family; Culture and information in a number of fields according to regulations; Radio, television, news agencies;...

Regarding the costs of establishing and appraising public investment programs and projects, including: The costs of establishing and appraising pre-feasibility study reports and investment policy proposal reports of public investment programs and projects of groups A, B, and C are implemented according to the provisions of Article... of the Law on Public Investment.

In case the project is not decided by the competent authority on investment policy or investment decision, the expenses spent on preparing the pre-feasibility study report, investment proposal report, and feasibility study report shall be accounted for and settled in the investment preparation costs in the development investment expenditure of the ministry, central agency and local government levels managing the project.

The draft Decree consists of 8 chapters with 59 articles, and is being posted on the Ministry of Planning and Investment's electronic information portal to solicit opinions from ministries, branches and localities./.



Source: https://www.mpi.gov.vn/portal/Pages/2024-11-4/Xay-dung-Nghi-dinh-quy-dinh-chi-tiet-thi-hanh-mot-xxkoud.aspx

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