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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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https://faolex.fao.org/docs/pdf/vie202112.pdf