Mr. Tran Viet Hung (Tuyen Quang) asked, in the above case, which unit is competent to approve the economic-technical report on construction investment? Is it the head of the level I budget unit or the chairman of the provincial People's Committee?

On this issue, the Ministry of Finance has the following opinion:

According to the provisions of Decree No. 98/2025/ND-CP dated May 6, 2025 of the Government regulating the preparation of estimates, management, use and settlement of regular expenditures of the state budget for purchasing, repairing, renovating, upgrading assets, equipment; spending on renting goods and services; repairing, renovating, upgrading, expanding, constructing new construction items in invested construction projects and other necessary tasks:

Point b, Clause 1, Article 1:

"1. This Decree provides for the preparation of estimates, allocation of estimates, management, use and settlement of regular expenditure funds from the state budget as prescribed in Clause 6, Article 4 of the Law on State Budget to perform tasks assigned by competent authorities, including:

b) Repairing, renovating, upgrading, expanding, and constructing new construction items in projects that have been invested in construction in accordance with the provisions of the law on construction, the law on management and use of public assets and the laws of relevant sectors and fields".

Clause 2, Article 4:

"2. The preparation of estimates, allocation of estimates, management and use and settlement of regular expenditure funds to perform the tasks prescribed in this Decree shall be carried out in accordance with the provisions of the law on the state budget, the law on management and use of public assets, the law on accounting, the law on bidding, the law on construction and relevant laws...".

Clause 2, Article 9:

"For the task of repairing, renovating, upgrading, expanding, and constructing new construction items in construction investment projects with an estimated cost of VND 500 million or more up to VND 20 billion: The head of the agency or unit managing the construction work shall prepare and submit to the competent authority for approval the economic-technical report on construction investment in accordance with the order and procedures prescribed by law on construction investment to serve as a basis for implementation".

Accordingly, to determine "Authority competent to approve the economic-technical report on construction investment", Mr. Hung is requested to base on legal documents on construction investment such as the 2014 Construction Law (amended and supplemented by a number of articles by Law No. 62/2020/QH14 of the National Assembly); Decree No. 15/2021/ND-CP of the Government detailing a number of contents on the management of construction investment projects (amended and supplemented by a number of articles by Decree No. 35/2023/ND-CP of the Government).