In recent years, construction investment projects using foreign capital in Vietnam have increasingly grown in both quantity and quality. To meet the requirements of the law on construction investment and public investment management, on June 30, 2023, the Ministry of Planning and Investment issued Circular 05/2023/TT-BKHDT guiding notification forms of the report on supervision and evaluation of investment projects with foreign capital. The Circular takes effect from September 2023. In the following article, Viet An Law will summarize the content related to the above topic.
According to the provisions of Decree 29/2021/ND-CP, investment supervision is the activity of supervision and evaluation of investment. Investment supervision includes supervision of investment programs and projects and overall investment supervision.
Investment project evaluation is understood as a planned or unscheduled periodic activity to determine the level of achievement of specific goals and targets compared to investment decisions or regulatory evaluation standards determined by the state at a certain time. Investment project evaluation includes initial evaluation, mid-term or phase evaluation, final evaluation, impact evaluation, and unexpected evaluation.
Supervising and evaluating investment projects is a procedure set out to manage the implementation of investment projects according to the provisions of the Construction Law. Specifically, Article 8.1 of the Law stipulates:
“Article 8. Supervision and evaluation of construction investment projects
a/ For projects using state funds, competent state agencies shall conduct the supervision and evaluation in accordance with the law on public investment and law on construction according to the approved evaluation contents and criteria;
b/ For projects using other funding sources, competent state agencies shall conduct the supervision and evaluation of objectives, conformity with relevant master plans, land use, construction investment schedule, and environmental protection.
Thus, for each type of capital source (state capital, foreign capital, community capital), different project investment supervision and evaluation reporting obligations are imposed on investors and state agencies country and community, to serve state management.
Article 4 of Circular 05/2023/TT-BKHDT stipulates 19 report forms to guide procedures for supervision and evaluating construction investment projects. Accordingly, report templates are divided according to each type of capital used in investment projects, including:
In addition, there is also a sample report for supervision and evaluating overall investment for the whole year and a sample report for supervision of community investment in the case of infrastructure construction investment projects using state capital or community capital contributions and organizational funding.
The content of 19 report forms mentioned in the appendix of Circular 05/2023/TT-BKHDT is as follows:
|1. Annual investment supervision and overall evaluation report form:|
|Form No. 1||Report on supervision and evaluating overall investment for the whole year.|
|2. Supervision and evaluation forms for public investment projects and non-public investment projects utilizing state funding, including:|
|Form No. 02||Initial evaluation report|
|Form No. 03||Periodic supervision and evaluation reports during the investment (6-monthly, yearly)|
|Form No. 04||Mid-term or mid-phase evaluation report|
|Form No. 05||Supervision and evaluation reports for adjustment of investment projects;|
|Form No. 06||Irregular evaluation report|
|Form No. 07||Investment supervision and evaluation report for ending investment|
|Form No. 08||Periodic supervision and evaluation form during use and operation (6-monthly, yearly)|
|Form No. 09||Impact evaluation report|
|Form No. 10||Yearly supervision and evaluation summary report for investment projects under management|
|3. Supervision and evaluation report forms for investment projects in public-private partnerships, including:|
|Form No. 11||Periodic supervision and evaluation report form during investment (6-monthly, yearly)|
|Form No. 12||Periodic supervision and evaluation form during use and operation (6-monthly, yearly)|
|4. Supervision and evaluation report forms for investment projects utilizing other funding sources, including:|
|Form No. 13||Periodic supervision and evaluation reports form during investment (6-monthly, yearly)|
|Form No. 14||Irregular evaluation report|
|Form No. 15||Supervision and evaluation report form for adjustment of investment projects|
|Form No. 16||Final evaluation report|
|Form No. 17||Periodic supervision and evaluation form during use and operation (6-monthly, yearly)|
|Form No. 18||Impact evaluation report|
|5. Community investment supervision report sample:|
|Form No. 19||Community investment supervision report form|
Annually report overall investment supervision and evaluation data on the Professional Information System, including:
Article 5 of Circular 05/2023/TT-BKHDT, sets out the obligation to update program and project information for investors and component project owners according to each stage of investment project implementation in Vietnam. participation of state capital.
Supervision and evaluation reports posted to the Professional Information System after being stamped or digitally signed for specialized use by the Government include:
Deadline for submitting reports of program owners, investors, and investors as prescribed in Point a, Clause 11, Article 100 of Decree 29/2021/ND-CP:
Above is the consulting content of Viet An Law on the report on supervision and evaluation of investment projects with foreign capital. Customers who need advice in the field of investment law or administrative law, please contact Viet An Law for the most effective support.
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