Deputy Prime Minister Ho Duc Phoc chaired a meeting with ministries, branches and localities on the Decree amending and supplementing a number of articles of Decree No. 85/2025/ND-CP dated April 8, 2025 of the Government detailing the implementation of a number of articles of the Law on Public Investment - Photo: VGP/Tran Manh
Removing difficulties and obstacles to effectively and properly deploy public investment
Speaking at the meeting, Deputy Prime Minister Ho Duc Phoc emphasized the requirement that the amendment of Decree No. 85/2025/ND-CP must be consistent with the new administrative apparatus structure; overcome difficulties arising in practice, especially contents that have not been regulated in the Law on Public Investment or have been regulated but not specifically decentralized.
Deputy Prime Minister Ho Duc Phoc stated: This is a very urgent issue, which must be completed this week and the procedures for issuing the decree must be completed; thereby, creating a suitable legal basis, removing difficulties and obstacles to effectively and strictly implement public investment in accordance with the law.
According to the report of the Ministry of Finance , the development of this Decree aims to fully regulate the contents of amendments and supplements to the Law on Public Investment (Law No. 90/2025/QH15); ensure feasibility, consistency and consistency with relevant laws, especially the amended Constitution and laws passed by the National Assembly at the 9th Session; promote decentralization, delegation of power, and reduce procedures to create initiative and flexibility for ministries, central and local agencies in managing and implementing public investment plans...
The draft decree amending and supplementing has 03 Articles, including: Article 1 on amending and supplementing a number of articles of Decree No. 85/2025/ND-CP; Article 2 on transitional provisions; Article 3 on entry into force.
Regarding the main content of the draft Decree, the Ministry of Finance said that, regarding the establishment, approval and assignment of medium-term public investment plans from the state budget, the draft Decree: Amends and supplements the process of developing and synthesizing medium-term public investment plans from the state budget, which stipulates the role of the Ministry of Science and Technology in coordinating with ministries, agencies and localities to complete plans for allocating public investment capital for the fields of science, technology, innovation and digital transformation; at the same time, stipulates the method of assigning new medium-term public investment plans compared to current regulations.
Regarding the preparation and approval of the annual public investment plan using state budget capital, the draft specifically stipulates the role of the Ministry of Science and Technology in guiding and synthesizing the annual public investment plan using state budget capital of ministries, central and local agencies allocated to the fields of science, technology, innovation and digital transformation in accordance with the Law on State Budget and the Law on Science, Technology and Innovation.
In addition, the draft Decree also amends and completes regulations on adjusting medium-term and annual public investment plans.
Regarding additional content, the draft Decree supplements the order and procedures for deciding on investment policies for nuclear power plant projects; limits for capital appraisal and capital balancing capacity...
Deputy Prime Minister Ho Duc Phoc: Amendments to Decree No. 85/2025/ND-CP must be consistent with the new administrative apparatus structure; overcome difficulties arising in practice - Photo: VGP/Tran Manh
At the same time, the draft Decree also proposes to abolish the regulation on district level to conform to the two-level local government organization.
According to the Ministry of Finance, the commune level currently has the authority to develop, approve, and manage its medium-term and annual public investment plans and to decide on investment policies and investment decisions for group B and group C projects (the highest total investment can be up to VND 4,600 billion). At the same time, according to the provisions of Article 7, Decree No. 125/2025/ND-CP, the commune level also has the authority to implement projects previously approved and implemented by the district level but not yet completed (in case of decentralization by the provincial level).
The draft Decree proposes content related to decentralization and delegation from the Prime Minister to ministries and branches.
At the meeting, representatives of the Government Office; Ministry of Justice; Ministry of National Defense; Ministry of Public Security; Ministry of Science and Technology; Ministry of Construction; Ministry of Agriculture and Environment; Hanoi People's Committee, Phu Tho Provincial People's Committee made specific statements on the following contents: Legal basis for changing the authority of the subjects; management of public investment from ODA sources; decentralization to the commune level in public investment and issues related to the capacity of the commune level to ensure the implementation of tasks according to regulations and authority; decentralization of appraisal of group B public investment projects; decentralization of notification and adjustment of the list of projects using central budget capital in the medium-term public investment plan; regulations on transition related to decentralization and delegation of authority, avoiding legal gaps; ensuring the requirement to cut 30% of administrative procedures, switching from pre-inspection to post-inspection, ensuring appropriate control processes...
After listening to the comments, the representative of the Ministry of Finance explained and affirmed that they would fully absorb the comments and discuss some issues of interest to representatives of ministries, branches and localities.
Deputy Prime Minister Ho Duc Phoc asked the Ministry of Finance to study and absorb opinions from ministries, branches and localities, promptly complete the draft, and coordinate with relevant agencies to submit it to the Government members for comments tomorrow (September 16) - Photo: VGP/Tran Manh
Urgently complete the draft and submit it to Government members for comments on September 16.
Concluding the meeting, Deputy Prime Minister Ho Duc Phoc stated that, regarding decentralization, previously the commune-level government only managed administrative affairs, now it has merged and implemented a two-level local government, the commune-level government performs both administrative and economic management, including the task of managing public investment projects (group B, group C).
Therefore, the agency in charge of drafting the Decree needs to carefully study the provisions of the law on investment and the practice of organizing the apparatus and the capacity of the commune-level staff to design regulations that are both strict and in accordance with the provisions of the Investment Law and suitable to the practice of the grassroots government so that public investment activities at the commune level are smooth and effective.
Accordingly, the Deputy Prime Minister suggested: In the draft decree, it should be designed to stipulate that in case the capacity of the People's Committee at the commune level does not meet the requirements, the Chairman of the People's Committee at the commune level will propose that the specialized Department be responsible for appraising the project for the Chairman of the People's Committee at the commune level to decide.
Regarding the regulations related to the public investment capital plan, Deputy Prime Minister Ho Duc Phoc agreed with the opinions of the ministries and branches and requested the drafting agency to study and complete the regulations to be strict, in the direction: The Prime Minister approves the total capital, list and capital level for each project of ministries, branches and localities from the central budget. The Ministry of Finance "only announces once" about investment in the budget estimate, together with the budget estimate and is responsible for monitoring and inspecting the implementation.
Regarding investment project adjustment: ministries, branches and localities shall allocate to investors and adjust and supplement during the implementation process; if there are any difficulties or problems, they shall report to competent authorities, clearly stating the reasons, ensuring transparency and compliance with legal regulations.
As for the capital of a revenue-generating public service unit, the decision shall be made by the public service unit. If the capital is from the state budget allocated to the public service unit, the state agency must manage it.
For public investment projects passing through two provinces or centrally-run cities (for example, a bridge passing through two provinces), the two localities shall decide together. If they cannot reach an agreement, the decision shall be submitted to the Prime Minister.
Regarding regular expenditure of an investment nature (other investments), implementation shall comply with the provisions of the State Budget Law and guiding decrees.
For projects of this level assigned to another level for implementation. For example, a central project assigned to a province for implementation, the province takes on the role of investor. Whichever level manages the capital, whichever level's capital is the investor, that level is responsible for the overall implementation of the investment. The central agency is only responsible for state management.
Deputy Prime Minister Ho Duc Phoc also gave his opinion on regulations on nuclear power and information technology projects; public investment projects from ODA capital sources; and public investment projects on science and technology.
Deputy Prime Minister Ho Duc Phoc requested the Ministry of Finance to study and absorb opinions from ministries, branches and localities, promptly complete the draft, and coordinate with relevant agencies to submit it to the Government members for comments tomorrow (September 16).
Tran Manh
Source: https://baochinhphu.vn/khan-truong-trinh-du-thao-sua-doi-bo-sung-nghi-dinh-85-2025-nd-cp-quy-dinh-chi-tiet-luat-dau-tu-cong-102250915140101612.htm
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