New Proposal on Investment Monitoring and Evaluation

12/10/2020, 09:52 AM

The Ministry of Planning and Investment is drafting a Decree of the Government on investment monitoring and evaluation to replace Decree 84 2015 on investment monitoring and evaluation, which has been amended and supplemented a number of articles according to the Decree. Decision No. 01/2010

According to the Ministry of Planning and Investment: For investment projects under the public-private partnership mode, the Law on Investment under the Public-Private Partnership Mode No. 64 in 2020 passed by the National Assembly on June 18, 2020 has a number of new and different regulations. The contents are specified in Decree No. 84, 2015 and Decree No. 01, 2020.

Specifically: Regarding the implementing agency and the content of investment supervision: Section 2, Chapter VIII (from Article 86 to Article 88) of the Law on Investment under the public-private partnership mode provides for the supervision of investment activities by mode PPP has different contents than those specified in Decree No. 84 2015 and Decree No. 01 2020. Therefore, it is necessary to amend the provisions related to investment supervision and evaluation for investment projects in the form of public private partnerships.

Therefore, the formulation and issuance of a new Decree on investment supervision and evaluation is reasonable and necessary.

New points of the draft Decree

According to the draft, the contents of the supervision and evaluation of investment projects under the public-private partnership mode were reviewed and revised in accordance with the provisions of the Law on Investment under the public-private partnership mode. As follows:

Project supervision responsibility: The agency assigned to prepare project investment shall organize itself to monitor and inspect the project investment preparation process.

The agency signing the investment project contract under the public-private partnership mode and the investor shall organize by themselves to monitor and inspect the project investment process according to the approved content and project contract.

The contents of supervision by state management agencies in charge of investment include:

  1. Monitoring and inspecting the public announcement of the project list;
  2. Reviewing the implementation of investor selection, negotiation and signing of project contract;
  3. Summarize the implementation of the project contract;
  4. Examining the observance of the regulations on investment management by the parties to the project contract in the performance of the project contract.

Evaluation of an investment project under the public-private partnership mode: The project evaluation is conducted as follows:

  1. For projects subject to investment policy decision of the National Assembly or the Prime Minister, initial assessment, midterm assessment, final assessment and impact assessment are required;
  2. Projects subject to the decision on investment policies of Ministers, heads of central agencies and other agencies in accordance with the PPP law must conduct a final assessment and impact assessment;
  3. In addition to the provisions at Points a and b above, the person competent to approve the feasibility study report and the state management agency in charge of public investment shall decide to conduct another assessment specified in Clause 4. Article 2 of this Decree when necessary.

Source: Bao Chinh Phu