Laws of Vietnam

The investment expertise was prescribed in Article 20 of the Regulation on Investment and Construction Management, issued together with the Government’s Decree No. 52/1999/ND-CP of July 8, 1999; the Ministry of Planning and Investment issued on January 10, 2000 Circular No. 01/2000/TT-BKH guiding the implementation thereof. However, due attention has not yet been paid to this work by ministries, branches and localities, therefore the efficiency of the investment expertise work is still limited; some ministries, branches and localities have even not organized the implementation.

In order to enhance the investment and construction management, ensure the efficient investment and raise the project quality, the Prime Minister hereby requests the ministries, branches, localities and investors to organize the strict implementation of the investment expertise work prescribed in Decree No. 52/1999/ND-CP of July 8, 1999, with attention paid to the following:

1. Investors:

- Organizing the implementation of projects, making and sending periodical reports on the implementation of projects to the agencies assigned to act as the main bodies in the investment expertise for monitoring, supervising, evaluating and supporting the project management. The reporting contents shall comply with the guidance in the Planning and Investment Ministry’s Circular No. 01/2000/TT-BKH of January 10, 2000;

- Promptly reporting to the investment-deciding competent authorities and the investment expertise-organizing agencies on the problems arising in the course of project investment; proposing solutions so that the investment expertise-organizing agencies can synthesize, analyze, evaluate and submit them to the competent authorities for settlement;

- Being answerable for all problems arising due to the untimely handling or the failure to fully abide by the regulations on investment expertise; the competent authorities shall not adjust the investment projects if investment expertise has not been conducted for such projects.

2. Agencies which directly manage investors:

- Monitoring and urging investors to fully abide by the regulations on investment expertise;

- Summing up the project implementation situation, detecting difficulties and, together with the investment-expertising agencies, removing problems in order to speed up the tempo of project implementation.

3. The ministries, branches and localities:

- The Ministry of Planning and Investment shall act as the main body in assisting the Government to monitor, provide professional guidance and examine the organization of implementation of the investment expertise work, directly organize the investment expertise of Group-A projects, periodically synthesize and report investment-related problems to the Prime Minister for settlement.

- The ministries, branches and localities shall not form new specialized organizations but must immediately designate the working teams to act as the main bodies in being permanently responsible for investment expertise.

The Prime Minister requests the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities, the chairmen of the managing boards of corporations and the managers of enterprises to direct and well organize the implementation of this Directive. The Ministry of Planning and Investment shall synthesize and report on the results of implementation of this Directive by ministries, branches, localities and units to the Prime Minister in July of 2002.

For the Prime Minister
Deputy Prime Minister
NGUYEN TAN DUNG