Wed, Oct 05, 2022, 14:32:00
Mr. Chung asked, does your company have to submit economic - technical reports to the Department of Industry and Trade of the provinces that have the project? Or does the company use its own specialized apparatus for appraisal and approval?
The Ministry of Industry and Trade responded to this issue as follows:
According to Article 56 of the 2014 Law on Construction, which was amended and supplemented in Clause 13, Article 1 of the Law on Construction No. 62/2020/QH14, the content on appraisal of construction investment feasibility study reports and business reports Economic - technical construction investment is regulated as follows:
"1. For projects of national importance using public investment capital, the appraisal shall be carried out in accordance with the law on public investment.
2. For PPP projects, the appraisal is carried out in accordance with the law on investment in the form of public-private partnership. The appraisal by specialized construction agencies shall comply with the provisions of Article 58 of this Law.
3. For construction investment projects not specified in Clauses 1 and 2 of this Article, the appraisal is carried out as follows:
a/ Investment deciders are responsible for organizing the appraisal of construction investment feasibility study reports, economic-technical reports on construction investment, and assign them to specialized agencies or organizations and individuals to have expertise suitable to the nature and contents of the project when there is no affiliated specialized agency (hereinafter referred to as the appraisal-leading agency) to appraise the contents specified in Article 57 of this Law.
b. For projects specified in Clause 1, Article 58 of this Law, the construction agency must also appraise the contents as prescribed in Clauses 2 and 3, Article 58 of this Law, except for projects that only need to make economic - technical reports on construction investment".
Depending on the source of project investment capital, the appraisal of economic - technical reports of construction investment projects is different.
For economic - technical reports on construction investment projects using other capital sources, investment deciders shall assign affiliated specialized agencies or organizations and individuals with expertise suitable to the nature and contents of the project when there is no affiliated specialized agency to act as the lead appraisal agency or assign a specialized construction agency to act as the lead appraisal agency in case there is an affiliated specialized construction agency.
Thus, the economic-technical report file of the construction investment project (if using other capital sources) in the case mentioned by the company does not need to be submitted to the Department of Industry and Trade of the provinces with the project for appraisal.
