Mr. Nguyen Dang Do's company (in Quang Ngai Province) has 24% of state capital, the rest is privately owned. The company wants to invest in production expansion projects (level IV technical infrastructure), total investment is less than VND 15 billion, loans are from commercial banks.

Mr. Do would like to ask, whether the construction design documents and the above cost estimate is submitted to the Department of Construction for appraisal, or the investor will conduct the appraisal (if eligible) and approve it?

The Ministry of Construction answers this issue as follows:

According to Clause 5, Article 13 of the Ministry of Construction's Circular No. 18/2016 / TT-BXD dated June 30, 2016 detailing and guiding a number of contents on project appraisal approval, designing and estimating construction work, the project using a mixed capital with the participation of the State budget, the State budget from 30% or more or less than 30% but over VND 500 billion of the total investment is project appraised as for projects using non-budget State capital.

According to the question of Mr. Nguyen Dang Do, the investor needs to clearly determine the level of the project investment decision and the percentage of State capital participation in the total investment of the project to determine the competence to appraise the report on technical and economic investment in construction under the provisions of Clause 2, Clause 3, Article 13 of the Government's Decree No. 59/2015 / ND-CP of June 18, 2015 on management of construction investment projects, Amendments to Clause 5, Article 1 of Decree No. 42/2017 / ND-CP.