(MPI) - In order to avoid creating a legal gap when the 2024 Public Investment Law comes into effect, creating conditions for ministries, central and local agencies to establish, appraise, and approve programs, tasks, projects, and develop medium-term public investment plans for the 2026-2030 period, the Ministry of Planning and Investment has developed a Decree detailing the articles and clauses stipulated in the 2024 Public Investment Law.
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| Illustration photo. Source: MPI |
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, effective from January 1, 2025, and assigned the Government to prescribe 22 clauses and 10 new contents. Therefore, the development and promulgation of the Decree detailing the Law on Public Investment 2024 is not only to maintain and continue the legal effect of the contents being implemented in Decree No. 40/2020/ND-CP but also to supplement regulations on new contents assigned to the Government by the Law.
The Draft Decree details the following articles and clauses of the 2024 Law on Public Investment: Clause 6, Article 5 on the order and procedures for investment implementation for subjects of preferential credit interest rate compensation and management fees; providing charter capital for policy banks and non-budgetary state financial funds; supporting investment for other subjects according to the Government's decision or the Prime Minister's decision.
Clause 7, Article 5 on conditions, criteria, and principles of capital allocation to entrust the implementation of preferential credit policies through branches of the Bank for Social Policies in provinces and centrally run cities.
Clause 2, Article 6 on classification of public investment projects. Clause 2, Article 7 on sectors and fields using public investment capital. Clause 12, Article 18 on decentralization of authority, order and procedures for deciding on investment policies 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; order and 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; dossiers, contents and time for appraisal and decision on investment policies for programs and projects.
Clause 1, Article 32 on principles, authority, order and procedures for deciding on investment policies for group A, group B and group C projects abroad.
Clause 4, Article 37 on dossiers, procedures, contents of adjusting investment policies of programs and projects; cases of stopping investment policies of programs and projects and procedures for implementation.
Clause 7, Article 38 on decentralization of authority, order and procedures for 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.
Clause 5, Article 43 on principles, authority, content, order, procedures for preparing, appraising, and deciding on investment in public investment projects abroad.
Clause 6, Article 46 on the content, order and procedures for preparing and appraising adjustments to programs and projects.
Clause 2, Article 48 on program and project decision dossiers, content, time for appraisal and decision on programs and projects. Clause 5, Article 57 on time for capital allocation to implement projects.
Clause 10, Article 59 on the order of preparation, approval and assignment of medium-term public investment plans using state budget capital.
Clause 9, Article 60 on the order of preparation, approval and assignment of annual public investment plans using state budget capital.
Clause 5, Article 62 on the preparation, appraisal, approval, and assignment of medium-term and annual plans for capital from legal revenue sources of state agencies and public service units for investment.
Clause 2, Article 69 on reporting to competent authorities on the implementation of public investment plans. Clause 4, Article 70 on the implementation of public investment plans. Clause 9, Article 71 on the order and procedures for adjusting medium-term and annual public investment plans using state budget capital.
Clause 4, Article 80 on monitoring, inspection and evaluation of public investment plans. Clause 4, Article 83 on management of implementation of investment preparation tasks, planning tasks and public investment projects without construction components.
Clause 2, Article 93 on the 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. Clause 4, Article 101 on the National information system and database on public investment.
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; Decentralizing authority, order and procedures for deciding on investment policies and deciding on investment 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 of programs and projects.
At the same time, it stipulates the principles, authority, order and procedures for deciding on investment policies for group A, group B and group C projects abroad; Dossier, 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, content, order and procedures for establishing, appraising and deciding on investment in public investment projects abroad; Content, order and procedures for establishing, appraising and adjusting programs and projects; Dossier for deciding on programs and projects, contents and time for appraising and deciding on programs and projects; Establishing, appraising, approving and assigning medium-term and annual plans for capital from legal revenue sources of state agencies and public service units for investment; Reporting to competent authorities on the implementation of public investment plans; Implementing public investment plans; Procedures for adjusting medium-term and annual public investment plans using state budget capital; Monitoring, inspecting and evaluating public investment plans; National information system and database on public investment.
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.
Simplify the content of appraisal of investment policy adjustment, appraisal of program and project adjustment towards only reporting and appraising the proposed adjustment contents compared to the approved investment policy decision, program and project investment decision.
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 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 48).
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 specified in the Circular.
The Draft Decree has specified 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; Classification of public investment projects; Sectors and fields using public investment capital; 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; Cases of stopping investment policies for programs and projects and procedures for implementation; Time for capital allocation for project implementation; Procedures for preparing, approving, and assigning medium-term public investment plans with state budget capital; Procedures for preparing, approving, and assigning annual public investment plans with state budget capital; Manage the implementation of investment preparation tasks, planning tasks and public investment projects without construction components; Decide on investment policies for projects using capital from legal revenue sources of state agencies and public service units with implementation periods of 02 consecutive medium-term planning periods./.
Source: https://www.mpi.gov.vn/portal/Pages/2025-2-11/Tranh-tao-khoang-trong-phap-ly-trong-trien-khai-thh66wkh.aspx
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