Amending and supplementing a number of regulations on public investment

Sửa đổi, bổ sung một số quy định về đầu tư công- Ảnh 1. — Amending and supplementing a number of detailed provisions of the Law on Public Investment

In particular, Decree No. 275/2025/ND-CP supplements the order and procedures for deciding on investment policies for nuclear power plant projects; capital appraisal limits and capital balancing capabilities...

Supplementing the order and procedures for deciding on investment policies for nuclear power plant projects

Decree supplements Article 9a on the order and procedures for deciding on investment policies for nuclear power plant projects under the authority of the Prime Minister as follows:

1. The Prime Minister assigns ministries, central and local agencies to be the competent authorities to implement the project. The competent authorities to implement the project are responsible for:

a) Assign the affiliated unit to prepare the project's pre-feasibility study report;

b) Establish a Council to appraise or assign a subordinate unit to appraise the pre-feasibility study report;

c) Complete the pre-feasibility study report and submit it to the Prime Minister.

2. The Prime Minister shall establish a State Appraisal Council chaired by the Minister of Industry and Trade or assign the Ministry of Industry and Trade as the presiding agency to appraise the project pre-feasibility study report. The establishment of the State Appraisal Council shall be allowed to be carried out simultaneously with the process of preparing the project pre-feasibility study report.

The State Appraisal Council or the appraisal presiding agency may invite organizations and individuals with expertise and experience to participate in appraising the pre-feasibility study report or request the investor to select organizations and individuals with expertise and experience to participate in appraising the pre-feasibility study report.

3. The Ministry of Finance shall preside over the assessment of capital sources, capital balancing capacity, and capital arrangement plans and send them to the State Appraisal Council or the appraisal presiding agency.

4. The appraisal council or the appraisal presiding agency specified in Point 2 shall send appraisal opinions to the presiding agency to prepare the pre-feasibility study report to complete the report and submit it to the Prime Minister.

5. The Prime Minister decides on investment policies, including objectives, scale, total investment, location, implementation time, mechanisms, solutions and implementation policies.

Supplementing regulations on limits for assessing capital sources and capital balancing capabilities

At the same time, the Decree also supplements Article 15a regulating the limits for capital appraisal and capital balancing capacity as follows:

1. After the competent authority notifies the total capital for the next phase as prescribed in Clause 4, Article 59 of the Law on Public Investment:

a) In case the total announced capital for the next phase is greater than the limit prescribed in Clause 1, Article 36a of the Law on Public Investment, ministries, central and local agencies shall appraise the capital source and capital balancing capacity to ensure that the total value of the total investment expected to be implemented in the next phase of the programs, tasks and projects does not exceed the announced total capital.

b) Programs and projects that have had their capital sources appraised and their ability to balance capital according to the limits prescribed in Clause 1, Article 36a of the Law on Public Investment and have had their investment policies approved but have not yet had their capital balanced in the medium-term public investment plan shall continue to be considered when capital sources are balanced.

2. For programs and projects planned to be implemented in the current medium-term public investment plan, ministries, central and local agencies shall appraise capital sources and the ability to balance capital within the total capital of the current medium-term public investment plan assigned by competent authorities and public investment capital sources notified by competent authorities.

3. For ODA capital and foreign preferential loans, based on the letter of interest or written commitment of the foreign sponsor on providing ODA capital and foreign preferential loans for programs and projects of ministries, central and local agencies, the Ministry of Finance shall report to the Prime Minister for approval of the use of ODA capital and foreign preferential loans for programs and projects, as a basis for ministries, central and local agencies to establish and appraise investment policies, evaluate capital sources and capital balancing capacity.

Decree amending and supplementing Article 43 on the procedures for preparing, approving and assigning medium-term public investment plans using state budget capital, 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. According to the new regulations at Point a, Clause 7, Article 43, for the expected medium-term public investment plan for the next period, the central budget source is allocated for programs, tasks and projects in the fields of science, technology, innovation and digital transformation, ministries and central agencies are responsible for consulting the Ministry of Science and Technology to complete before sending it to the Ministry of Finance. The Ministry of Science and Technology is responsible for providing comments within 10 working days from the date of receiving the proposal of the ministry or central agency.

Amendment of regulations on adjusting public investment plans

In addition, the Decree also amends and supplements Article 50 regulating the adjustment of public investment plans.

According to the new regulations, the Government decides to adjust the annual public investment plan using central budget capital but not exceeding the total central budget expenditure of the whole country as decided by the National Assembly in the following cases:

a) Overall adjustment of the annual public investment plan of the central budget of the whole country;

b) Adjust the annual public investment plan of central budget capital among ministries, central agencies and localities based on proposals of ministries, central agencies and localities before December 15 of the planning year;

c) Proactively reduce and adjust the annual public investment plan of central budget capital of ministries, central agencies and localities to supplement capital for other ministries, central agencies and localities before December 15 of the planning year;

d) Adjust the annual public investment plan of central budget capital of ministries, central agencies and localities within the total central budget expenditure of ministries, central agencies and localities decided by competent authorities.

The Prime Minister decides to adjust the medium-term public investment plan using central budget capital in the following cases:

a) Adjust the medium-term public investment plan of central budget capital among ministries, central agencies and localities based on proposals of ministries, central agencies and localities in case it does not exceed the total medium-term capital level decided by the National Assembly, and report to the National Assembly at the nearest session.

b) Proactively reduce and adjust the medium-term public investment plan of central budget capital of ministries, central agencies and localities to supplement capital for other ministries, central agencies and localities in case it does not exceed the total medium-term capital level decided by the National Assembly, and report to the National Assembly at the nearest session.

c) Adjust the list of projects using central budget funds of ministries, central and local agencies.

The Ministry of Finance is responsible for reporting to the Government and the Prime Minister for consideration and decision to adjust the medium-term and annual public investment plan of the central budget capital prescribed above.

Phuong Nhi

Source: https://baochinhphu.vn/sua-doi-bo-sung-mot-so-quy-dinh-ve-dau-tu-cong-102251022150417972.htm