Decree No. 275/2025/ND-CP on amendments to Government’s Decree No. 85/2025/ND-CP elaborating law on public investment

 

DECREE

AMENDMENTS TO GOVERNMENT’S DECREE NO. 85/2025/ND-CP DATED APRIL 08, 2025 ELABORATING LAW ON PUBLIC INVESTMENT

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Public Investment No. 58/2024/QH15, as amended by the Law No. 90/2025/QH15;

At the request of the Minister of Finance of Vietnam;

The Government promulgates a Decree providing amendments to the Government’s Decree No. 85/2025/ND-CP dated April 08, 2025 elaborating the Law on Public Investment.

Article 1. Amendments to Government’s Decree No. 85/2025/ND-CP dated April 08, 2025 elaborating Law on Public Investment

1. Some clauses of Article 1 are amended as follows:

a) Clause 5 is amended as follows:

“5. Clause 12 Article 18 regarding decentralization of authority, procedures and processes for making decisions on investment policies for public investment programs or projects using legitimate revenues retained by state regulatory authorities and public service units for investment purposes in compliance with regulations on financial autonomy of agencies and units; procedures and processes for making decisions on investment policies for projects funded by local-government budgets and implemented by central authorities, projects funded by commune-level budgets and implemented by provincial-level authorities; documentation requirements for, contents and time of appraisal and making of decisions on investment policies for public investment programs and projects, and procedures and processes for making decisions on investment policies for projects falling under the Prime Minister’s jurisdiction.”.

b) Clause 6a is added following clause 6 as follows:

“6a. Clause 3 Article 36a regarding limits used as basis for appraisal of funding sources and capital balancing capability.”.

2. Article 2 is amended as follows:

“Article 2. Regulated entities   

1. This Decree applies to regulatory authorities, units, organizations and individuals participating or involved in public investment, management and use of public investment capital.

2. Estimation, management, use and making of final accounts of state budget-derived funding for recurrent expenditures used for purchase, repair, upgradation and renovation of assets and equipment; lease of goods and services; repair, upgradation, renovation, expansion and new construction of work items of existing projects, and performance of other tasks which are deemed necessary shall comply with in accordance with regulations of law on state budget and other relevant laws.”

3. Some clauses of Article 4 are amended as follows:

a) Clause 2 is amended as follows:

“2. Public security, social order and safety: Tasks, programs and projects in the industries and sectors serving achievement of such objectives as public security, social order and safety, fire prevention and control, crime investigation, prevention and control, enforcement of criminal judgments, disaster response, and search and rescue of central and local specialized units according to regulations on decentralization of authority, and housing for people’s armed forces which is purchased or invested in by the Ministry of Public Security of Vietnam, assurance of cybersecurity, data security, and information safety.

b) Clause 4 is amended as follows:

“4. Science, technology, innovation and digital transformation: Tasks, programs and projects on investment in and construction of infrastructure facilities, physical facilities, databases, equipment and technologies serving achievement of such objectives as scientific and technology development, innovation and digital transformation, experiment, analysis, inspection, testing, specialized museums, standards – metrology – quality, intellectual property, atomic energy, nuclear energy and new energy types, radiation and nuclear safety, information and statistics on scientific and technological activities, specialized design in the fields of natural science and engineering, technology application and transfer, semiconductor, and artificial intelligence; centers for innovation, research and development, support for development of industries, hi-tech zones, high-tech agricultural, forestry and aquaculture zones; application of information technology (IT), digital infrastructure, digital platforms, application software, shared services, lease of IT services to serve digital transformation; development of internationally connected infrastructure facilities, physical facilities, digital platforms, and IT infrastructure facilities; support for innovation and startups; innovation centers; innovation clusters; startup support organizations; startup support centers; research and development centers.”.

c) Clause 5 is amended as follows:

“5. Healthcare, population and family: Tasks, programs and projects on investment in and construction of infrastructure facilities, physical facilities, and equipment serving achievement of healthcare objectives, including preventive medicine; medical examination and treatment, functional rehabilitation; medical assessment, forensic examination, forensic psychiatric assessment; traditional medicine and pharmacy; medical devices; pharmaceutical products, cosmetics; food safety; health insurance; population and reproductive health.”.

d) Point q is added following point p clause 10 as follows:

“q) Digital technology industry: Projects on research and production of digital technology industry, intellectual property and semiconductor products and services; concentrated digital technology zones; digital technology industry infrastructure.”

4. Article 9a is added following Article 9 as follows:

“Article 9a. Procedures and processes for making decisions on investment policies for nuclear power plant projects falling under Prime Minister’s jurisdiction

1. The Prime Minister shall assign a ministry, central authority or local authority to act as the project’s governing body. The project’s governing body shall:

a) assign its affiliated unit to prepare a pre-feasibility study report for the project;

b) establish an Appraisal Council or assign its affiliated unit to carry out appraisal of the pre-feasibility study report;

c) finalize the pre-feasibility study report and submit it to the Prime Minister.

2. The Prime Minister shall establish a State Appraisal Council that is chaired by the Minister of Industry and Trade, or assign the Ministry of Industry and Trade to act as the agency in charge of appraising the pre-feasibility study report.    Establishment of the State Appraisal Council and preparation of the pre-feasibility study report for the project may take place at the same time.

The State Appraisal Council or the agency in charge of appraisal tasks may invite qualified and experienced organizations/individuals to take part in the appraisal of the pre-feasibility study report or may request the project owner to designate qualified and experienced organizations/individuals to take part in the appraisal of pre-feasibility study report.

3. The Ministry of Finance shall play the leading role in evaluating funding sources, capital balancing capability, and capital allocation plan submitted to the State Appraisal Council or the agency in charge of appraisal tasks.

4. The Appraisal Council or the agency in charge of appraisal tasks prescribed in clause 2 of this Article shall send its appraisal opinions to the agency in charge of finalizing and submitting the pre-feasibility study report to the Prime Minister.

5. The Prime Minister shall consider issuing an investment policy decision which includes such contents as investment objectives, scale, total investment, location, timelength, mechanisms, solutions and policies for implementation.”

5. Heading of Article 10 and the first paragraph of clause 2 Article 10 are amended as follows:

a) Heading of Article 10 is amended as follows:

“Article 10. Procedures and processes for making decisions on investment policies for projects funded by local-government budgets and executed by central authorities, and projects funded by commune-level budgets and executed by provincial-level authorities”

b) The first paragraph of clause 2 Article 10 is amended as follows:

“2. Regarding the projects of which provincial-level People’s Committees act as the governing bodies and which are funded by inferior budgets, procedures and processes for making decisions on investment policies shall be subject to the following provisions:”

6. Point c clause 3 Article 15 is amended as follows:

“c) The authority that issued the investment policy decision shall consider making a decision on termination of the investment policy for such program or project. Such decision must include the plans for handling the completed volumes of the program or project in accordance with the Government’s regulations of law on management, payment and final statement of projects using public investment capital, and relevant laws.”

7. Article 15a is added following Article 15 as follows:

“Article 15a. Limits used as basis for appraisal of funding sources and capital balancing capability

1. After total public investment capital for the subsequent period is notified by the competent authority as prescribed in clause 4 Article 59 of the Law on Public Investment:

a) If the notified amount of total public investment capital for the subsequent period is greater than the limit specified in clause 1 Article 36a of the Law on Public Investment, each of Ministries, central authorities and local authorities shall carry out appraisal of funding sources and capital balancing capability, and ensure that total amount of total investments to be made in programs, tasks and projects in the subsequent period shall not exceed total public investment capital as notified.

b) In case the balancing of capital for programs and projects for which funding sources and capital balancing capability have been appraised according to the limit specified in clause 1 Article 36a of the Law on Public Investment, and for which investment policies have been approved is not yet included in the relevant medium-term public investment plan, such programs and projects will continue to be considered when funding sources are ensured.

2. In respect of programs and projects to be executed under the medium-term public investment plan of the current period, Ministries, central authorities and local authorities shall carry out appraisal of funding sources and capability for balancing capital for these programs and projects on the basis of total capital allocated by the competent authority under the medium-term public investment plan of the current period and sources of public investment capital notified by the competent authority.

3. Regarding ODA funds/foreign concessional loans, based on letters of interest or written commitments of foreign donors to give ODA funds/foreign concessional loans to programs and projects of Ministries, central authorities and local authorities, the Ministry of Finance of Vietnam shall send a report requesting the Prime Minister to consider giving approval for use of ODA funds/foreign concessional loans for executing such programs and projects as a basis for Ministries, central authorities and local authorities to formulate and appraise investment policies, and evaluate funding sources and capital balancing capability.”

8. Point d clause 2 Article 20 is amended as follows:

“d) Appropriacy in terms of funding sources and capital balancing capability (for a public investment program); assessment of funding sources, capital balancing capability and capital allocation plan (for a national target program); conformity of total investment of the program with medium-term and annual public investment plans; structure of funding sources, including central-government budget, local-government budget and other legitimate funding sources; capital recovery and debt repayment capability, if borrowed funds are used.”

9. Clause 3 Article 30 is amended as follows:

“3. For projects under the control of commune-level People’s Committees and those projects for which investment decisions are made with authorization by Chairpersons of provincial-level People’s Committees, competent units assigned these tasks by commune-level People’s Committees shall preside over the appraisal of project designs and investment cost estimates, and submitting them to Chairpersons of People’s Committees of the same level to seek their approval of projects designed according to the one-step process. Project owners shall approve detailed designs and cost estimates in case of carrying out the two-step design process. Grant of approval for the detailed design and the cost estimate of a project shall be considered at the same time without separating the detailed design from cost estimate.”.

10. Some points and clauses of Article 43 are amended and abrogated as follows:

a) Clause 1 is abrogated.

b) Point b clause 3 is amended as follows:

“b) Prepare consolidated reports on tasks of the medium-term public investment plan in the subsequent period which must be sorted by funding sources, capital used for each program, task or project, and other public investment objects, and send them to the Ministry of Finance by the deadline prescribed by the Prime Minister.

In respect of demands for use of central-government budget-derived funding for executing programs, tasks and projects in the fields of science, technology, innovation and digital transformation, Ministries and central authorities shall get opinions from the Ministry of Science and Technology about such demands before including them in their reports submitted to the Ministry of Finance. The Ministry of Science and Technology shall give opinions within 07 working days from its receipt of a request for opinions from the relevant Ministry or central authority.”.

c) Point c Clause 4 is amended as follows:

“c) Prepare consolidated reports on tasks of the provincial- and commune-level medium-term public investment plan in the subsequent period which must be sorted by funding sources, capital used for each program, task or project, and other public investment objects, and send them to the Ministry of Finance by the deadline prescribed by the Prime Minister.

In respect of demands for use of central-government budget-derived funding for executing programs, tasks and projects in the fields of science, technology, innovation and digital transformation, provincial-level People’s Committees shall get opinions from the Ministry of Science and Technology about such demands before including them in their reports submitted to the Ministry of Finance. The Ministry of Science and Technology shall give opinions within 07 working days from its receipt of a request for opinions from the provincial-level People’s Committee.”.

d) Point b Clause 2 Article 6 is amended as follows:

“b) Assign specialized public investment agencies to prepare consolidated reports on tasks of the medium-term public investment plan in the subsequent period which must be sorted by funding sources, capital used for each program, task or project, and other public investment objects, and on other contents as prescribed in Article 52 of the Law on Public Investment, and send them to the Ministry of Finance by August 30 of the fifth year of the current period’s medium-term public investment plan.

In respect of proposed tasks of the medium-term public investment plan in the subsequent period regarding use of central-government budget-derived funding for executing programs, tasks and projects in the fields of science, technology, innovation and digital transformation, Ministries and central authorities shall get opinions from the Ministry of Science and Technology about such proposed tasks before including them in their reports submitted to the Ministry of Finance. The Ministry of Science and Technology shall give opinions within 10 working days from its receipt of a request for opinions from the relevant Ministry or central authority.”.

dd) Point a clause 7 is amended as follows:

“a) Notify the estimated state budget’s funding for public investment activities in the subsequent period to each of their affiliated agencies and units and commune-level People’s Committees as the basis for determining tasks of the medium-term public investment plan for the subsequent period;”

e) Point c clause 7 is amended as follows:

“c) Assign commune-level People’s Committees to organize determination of tasks of medium-term public investment plans in the subsequent period under their jurisdiction, submit them to same-level People’s Councils to seek their opinions prior to July 31 of the fifth year of the current period’s medium-term public investment plan, and complete and send them to superior People’s Committees as prescribed;”

g) Point d clause 7 is amended as follows:

“d) Prepare consolidated reports on tasks of the provincial- and commune-level medium-term public investment plans in the subsequent period which must be sorted by funding sources, capital used for each program, task or project, and other public investment objects, and on other contents as prescribed in Article 52 of the Law on Public Investment, and submit them to the Ministry of Finance by August 30 of the fifth year of the current period’s medium-term public investment plan.

In respect of proposed tasks of the medium-term public investment plan in the subsequent period regarding use of central-government budget-derived funding for executing programs, tasks and projects in the fields of science, technology, innovation and digital transformation, provincial-level People’s Committees shall get opinions from the Ministry of Science and Technology about such proposed tasks before including them in their reports submitted to the Ministry of Finance. The Ministry of Science and Technology shall give opinions within 10 working days from its receipt of a request for opinions from the provincial-level People’s Committee.”.

h) Point b clause 9 is amended as follows:

“b) Assign specialized public investment agencies to prepare consolidated reports on the medium-term public investment plan in the subsequent period which shall include specific tasks sorted by funding sources, capital used for each program, task or project, and other public investment objects, and on other contents as prescribed in Article 52 of the Law on Public Investment, and send them to the Ministry of Finance by the deadline prescribed by the Prime Minister and instructed by the Ministry of Finance.

In respect of tasks of the medium-term public investment plan in the subsequent period regarding use of central-government budget-derived funding for executing programs, tasks and projects in the fields of science, technology, innovation and digital transformation, Ministries and central authorities shall get opinions from the Ministry of Science and Technology about such tasks before including them in their reports submitted to the Ministry of Finance. The Ministry of Science and Technology shall give opinions within 10 working days from its receipt of a request for opinions from the relevant Ministry or central authority.”.

i) Point b clause 10 is amended as follows:

“b) Assign commune-level People’s Committees to complete commune-level medium-term public investment plans in the subsequent period, submit them to same-level People’s Councils to seek their approval prior to March 10 of the first year of the subsequent period’s medium-term public investment plan, and also send them to superior People’s Committees as prescribed;”

k) Point c clause 10 is amended as follows:

“c) Prepare consolidated reports on provincial- and commune-level medium-term public investment plans in the subsequent period which shall include specific tasks sorted by funding sources, capital used for each program, task or project, and other public investment objects, and on other contents as prescribed in Article 52 of the Law on Public Investment, and send them to the Ministry of Finance by the deadline prescribed by the Prime Minister and instructed by the Ministry of Finance.

In respect of tasks of the medium-term public investment plan in the subsequent period regarding use of central-government budget-derived funding for executing programs, tasks and projects in the fields of science, technology, innovation and digital transformation, provincial-level People’s Committees shall get opinions from the Ministry of Science and Technology about such tasks before including them in their reports submitted to the Ministry of Finance. The Ministry of Science and Technology shall give opinions within 10 working days from its receipt of a request for opinions from the provincial-level People’s Committee.”.

l) Clause 12 is added following clause 11 as follows:

“12. The Prime Minister shall assign total state budget’s capital for performing tasks of medium-term public investment plans, and total central budget’s capital to Ministries, central authorities and local authorities; portfolio and capital of public investment programs and projects, total capital used for performing planning tasks, total capital used for performing investment preparatory tasks and other public investment objects using the central budget’s capital.”

11. Some clauses of Article 44 are amended as follows:

a) Clause 2 is amended as follows:

“2. Within 10 days from the day on which the Prime Minister promulgates regulations on formulation of subsequent-year socio-economic development plans and state budget estimates, the Ministry of Finance shall provide Ministries, central authorities and local authorities with specific guidance on the socio-economic development plan, and objectives, requirements, contents, duration and schedule of formulation of the subsequent-year public investment plan. The Ministry of Science and Technology shall provide Ministries, central authorities and local authorities with specific guidance on objectives, requirements and contents of the subsequent-year public investment plan for programs, tasks and projects in the fields of science, technology, innovation and digital transformation.”.

b) Clause 3 is amended as follows:

“3. Within 07 days from the day on which written guidance of the Ministry of Finance is provided, Ministries, central authorities and local authorities shall instruct their subordinate agencies and units to formulate subsequent-year public investment plans.”

c) Clause 4 is amended as follows:

“4. Prior to every July 10, Ministries, central authorities and provincial-level People’s Committees shall prepare consolidated reports on tasks of subsequent-year public investment plans, and send them to the Ministry of Finance and the State Audit Office of Vietnam; such reports on tasks regarding planned capital allocation in the fields of science, technology, innovation and digital transformation must be also sent to the Ministry of Science and Technology.”.

d) Clause 4a is added following clause 4 as follows:

“Based on proposed tasks of Ministries, central authorities and local authorities, the Ministry of Science and Technology shall prepare a consolidated report on total capital estimated for tasks of the subsequent-year public investment plan in the fields of science, technology, innovation and digital transformation, which should be conformable with guidelines of the Communist Party of Vietnam, and the State law, and send it to the Ministry of Finance before August 01 each year.”.

dd) Clause 5 is amended as follows:

“5. Prior to every August 10:

a) The Ministry of Finance shall send a report requesting the Prime Minister to approve the capital allocation plan for performing tasks of the subsequent-year public investment plan using central-government budget.

Based on the capital allocation plan for performing tasks of the subsequent-year public investment plan using central-government budget approved by the Prime Minister, the Ministry of Finance shall notify the central budget’s funding for development investment expenditures to be allocated to Ministries, central authorities and local authorities for performing tasks of the subsequent-year public investment plan.

b) The Ministry of Science and Technology shall provide the Ministry of Finance with the capital allocation plan for performing tasks of the subsequent-year public investment plan in the fields of science, technology, innovation and digital transformation sorted by Ministries, central authorities and local authorities.”

e) Clause 6 is amended as follows:

“6. People’s Committees at all levels shall submit the subsequent-year public investment plans, including the list of and capital allocated to each of programs, tasks, projects and other public investment objects, to the same-level People’s Councils.”.

g) Clause 7 is amended as follows:

“7. Prior to September 01 each year, Ministries, central authorities, and provincial-level People’s Committees shall prepare consolidated reports on subsequent-year public investment plans, including the list of and capital allocated to each of programs, tasks, projects and other public investment objects, and submit them to the Ministry of Finance. Regarding capital to be allocated to perform tasks in the fields of science, technology, innovation and digital transformation, the Ministry of Science and Technology shall prepare a consolidated report on capital of the subsequent-year public investment plan to be allocated to each of Ministries, central authorities and local authorities, including the list of and capital allocated to each of programs, tasks, projects and other public investment objects, in respect of central-government budget, and total capital, in respect of local-government budget, and send it to the Ministry of Finance.”.

h) Clauses 9 and 10 are added following clause 8 as follows:

“9. Prior to every December 15, the Prime Minister shall assign tasks of the subsequent-year public investment plan using the state budget’s capital in which total capital and structure of capital have already been decided by the National Assembly to Ministries, central authorities and local authorities, including the minimum amount of central budget’s capital which Ministries, central authorities and local authorities must allocate to programs, tasks, projects and other public investment objects in the fields of science, technology, innovation and digital transformation.

10. Before every December 31, Ministries, central authorities and local authorities shall organize the detailed allocation of the capital of subsequent-year public investment plans derived from the state budget, portfolio and capital allocated to specific tasks and projects, and shall send detailed allocation plans to the Ministry of Finance for consolidating and reporting to the Government and for monitoring purposes. Such plans must be also sent to the Ministry of Science and Technology of Vietnam for monitoring purposes if they include capital allocated for performing tasks of subsequent-year public investment plans in the fields of science, technology, innovation and digital transformation.”

12. The first paragraph of clause 2 Article 47 is amended as follows:

“2. If the time of allocation of capital for project implementation as prescribed in clause 2 and points b, c, dd clause 3 Article 57 of the Law on Public Investment needs to be extended, Ministries, central authorities and provincial-level People’s Committees shall be subject to responsibility review and petition the Prime Minister to consider granting decisions on extension of the time of allocation of capital for project implementation, in respect of projects funded by central-government budget, while People’s Committees at all levels shall be subject to responsibility review and petition People’s Councils at the same level to consider granting decisions on extension of the time of allocation of capital for implementation of projects funded by local-government budget, provided that the following requirements are met:”

13. Article 50 is amended as follows:

“Article 50. Adjustment of public investment plans

1. The Government shall make decision on adjustment of annual public investment plans using the central-government budget’s capital, provided that total amount of expenditures of the whole country covered by the central-government budget already decided by the National Assembly must not be exceeded, in the following cases:

a) Make overall adjustment of annual public investment plans using central-government budget’s capital of the whole country;

b) Adjust annual public investment plans using central-government budget’s capital to ensure concordance between Ministries, central authorities and local authorities on the basis of their proposals before December 15 of the planning year;

c) Proactively reduce or adjust annual public investment plans using central-government budget’s capital of certain Ministries, central authorities and local authorities so as to allocate additional capital to others before December 15 of the planning year;

d) Adjust annual public investment plans using central-government budget’s capital of Ministries, central authorities and local authorities, provided that total central-government budget’s capital allocated to specific Ministries, central authorities and local authorities as approved by competent authorities shall not be exceeded.

2. The Prime Minister shall make decision on adjustment of medium-term public investment plans using the central-government budget’s capital in the following cases:

a) Adjust medium-term public investment plans using the central-government budget’s capital to ensure concordance between those of Ministries, central authorities and local authorities on the basis of their proposals, provided that total medium-term capital decided by the National Assembly shall not be exceeded, and a report on such adjustment shall be submitted to the National Assembly at the upcoming meeting.

b) Proactively reduce or adjust medium-term public investment plans using the central-government budget’s capital of certain Ministries, central authorities and local authorities so as to allocate additional capital to others, provided that total medium-term capital decided by the National Assembly shall not be exceeded, and a report on such adjustment shall be submitted to the National Assembly at the upcoming meeting.

c) Adjust the list of projects funded by central-government budget of Ministries, central authorities and local authorities.

3. The Ministry of Finance of Vietnam shall submit reports requesting the Government and the Prime Minister to consider and make decisions on adjustment of medium-term and annual public investment plans using central government budget’s capital as prescribed in clauses 1, 2 of this Article.

4. Ministers and Heads of central authorities shall have the following powers and responsibilities:

a) Adjust medium-term public investment plans using the central-government budget’s capital to ensure concordance between projects, tasks and other public investment objects, provided that total central-government budget’s capital and list of projects funded by central-government budget which have already been decided shall remain unchanged, and send reports on such adjustment to the Ministry of Finance within 03 working days.

Where the capital for performing tasks of medium-term public investment plans in the fields of science, technology, innovation and digital transformation is reduced, Ministries and central authorities are required to get opinions of the Ministry of Science and Technology before making such reduction. The Ministry of Science and Technology shall give opinions within 05 working days from its receipt of a request for opinions from the relevant Ministry or central authority.

b) Adjust annual public investment plans using the central-government budget’s capital to ensure concordance between projects, tasks and other public investment objects included in the list of approved medium-term public investment plans before December 15 of the planning year, provided that total capital allocated by a competent authority shall not be exceeded, and send reports on such adjustment to the Ministry of Finance within 03 working days.

Where the capital for performing tasks of annual public investment plans in the fields of science, technology, innovation and digital transformation is reduced and thus is smaller than the minimum amount of central-government budget’s capital allocated to perform tasks in these fields under the Prime Minister’s decision on annual capital allocation plan, Ministries and central authorities are required to get opinions of the Ministry of Science and Technology before making such reduction. The Ministry of Science and Technology shall give opinions within 05 working days from its receipt of a request for opinions from the relevant Ministry or central authority.

5. Heads of provincial-level People’s Committees shall have the following powers and responsibilities:

a) Adjust medium-term public investment plans using the central-government budget’s capital to ensure concordance between projects, tasks and other public investment objects, provided that total central-government budget’s capital and list of projects funded by central-government budget which have already been decided shall remain unchanged, and send reports on such adjustment to the Ministry of Finance within 03 working days.

Where the capital for performing tasks of medium-term public investment plans in the fields of science, technology, innovation and digital transformation is reduced, Heads of provincial-level People’s Committees are required to get opinions of the Ministry of Science and Technology before making such reduction. The Ministry of Science and Technology shall give opinions within 05 working days from its receipt of a request for opinions from the provincial-level People’s Committee.

b) Adjust annual public investment plans using dedicated additional funding transferred from the central-government budget to ensure concordance between projects, tasks and other public investment objects included in the list of approved medium-term public investment plans before December 15 of the planning year, provided that total capital assigned by a competent authority shall not be exceeded, and submit reports on such adjustment to the Ministry of Finance within 03 working days and to the provincial-level People’s Councils in the upcoming meeting;

Where the capital for performing tasks of annual public investment plans in the fields of science, technology, innovation and digital transformation is reduced and thus is smaller than the minimum amount of central-government budget’s capital allocated to perform tasks in these fields under the Prime Minister’s decision on annual capital allocation plan, Heads of provincial-level People’s Committees are required to get opinions of the Ministry of Science and Technology before making such reduction. The Ministry of Science and Technology shall give opinions within 05 working days from its receipt of a request for opinions from the Head of provincial-level People’s Committee.

6. The People’s Committees at all levels shall have the following powers and responsibilities:

a) Adjust medium-term and annual public investment plans using local-government budget’s capital to ensure concordance between those of agencies and units under their jurisdiction to whom planned capital is allocated, provided that total investment capital decided by the same-level People’s Councils in medium-term and annual public investment plans shall remain unchanged, and submit reports on such adjustment to the same-level People’s Councils at the upcoming meeting;

b) Adjust medium-term and annual public investment plans using the local-government budget’s capital to ensure concordance between tasks and projects of agencies and units under their jurisdiction to whom planned capital is allocated, provided that total capital decided by competent authorities will not be exceeded;

c) Such adjustment of annual public investment plans specified in points a and b of this clause must be made before December 15 of the planning year;

7. In consideration of the necessity and requirements concerning the progress in implementation and disbursement of capital for implementation of projects, Ministers, and heads of central authorities and provincial-level People’s Committees shall assign specialized public investment agencies to review and propose measures for adjustment of central government budget-funded medium-term and annual public investment plans under their jurisdiction, which must ensure feasibility, efficiency, funding sources and capital balancing capability, and submit them to Ministers, and heads of central authorities and provincial-level People’s Committees for making decisions within their competence or for reporting and requesting the Ministry of Finance to seek decisions from competent authorities.

8. In consideration of the necessity and requirements concerning the progress in implementation and disbursement of capital for implementation of projects, People’s Committees at all levels shall assign specialized public investment agencies to review and propose measures for adjustment of local government budget-funded medium-term and annual public investment plans, which must ensure feasibility, efficiency, funding sources and capital balancing capability, and submit them to competent authorities to seek their decision.”.

14. Some points and clauses of Article 53 are amended as follows:

a) Clause 1 is amended as follows:

“1. General use regulations:

a) Information, data and materials collected and stored in the national database and information system regarding public investment must be original data, information and materials of public investment programs, tasks and projects, other public investment objects, and public investment plans. In case the hardcopy information, data or materials and softcopy ones recorded in the System are different, the latter shall be deemed as a basis to formulate, appraise, assign tasks of, and adjust medium-term and annual public investment plans, approve extension of the time for implementation and disbursement of capital of annual public investment plans, advance funding for implementation of annual public investment plans, make reports on implementation of public investment plans, and monitor and assess programs, tasks, projects and other public investment objects;

b) Programs, tasks, projects and other public investment objects shall not have access to disbursement in the absence of the list and data on assignment of tasks of public investment plans on the national database and information system regarding public investment, unless such programs, tasks, projects and other public investment objects contain information classified as state secret as prescribed in the law on protection of state secrets.

c) Organizations and individuals using the System shall be responsible for the accuracy of the information, data or materials reported or updated on the System;”

b) Point b clause 3 is amended as follows:

“b) Formulate, assign tasks, make adjustment, extend time for implementation and disbursement, and advance funding for implementation of annual public investment plans;

15. Clause 1a is added before clause 2 Article 56 as follows:

“1a. The Ministry of Science and Technology shall instruct, expedite and review the preparation of demands for, plan for allocation of capital, assignment and adjustment of annual public investment plans of Ministries, central authorities and local authorities in respect of programs, tasks and projects in the fields of science, technology, innovation and digital transformation as prescribed in this Decree.”.

16. Clause 3 Article 55 is amended as follows:

“3. Procedures, processes and required documents for formulation, appraisal and making of decisions on investment in, and management of implementation of state budget-funded information technology projects shall comply with the Government’s regulations on management of state budget-derived funding invested in IT application.”

17. Point p is added following point o clause 2 in Section V Party A of Appendix I as follows:

“p) Projects on research and production of digital technology industry, intellectual property and semiconductor products and services; concentrated digital technology zones; digital technology industry infrastructure.”

Article 2. Transition

1. In case the list of central government budget-funded projects is added to the medium-term public investment plan using central government budget’s capital for the 2021 – 2025 period but such projects are not included in the list of projects assigned to Ministries, central authorities and local authorities under the Prime Minister’s decisions, Ministries, central authorities and local authorities shall send reports on such additional projects to the Ministry of Finance for submission to the Prime Minister to seek his decision.

2. If decisions on investment in programs/projects for which decisions on investment policies have been issued by People’s Councils at all levels before the effective date of this Decree are not yet made, Chairpersons of People’s Committees of the same level shall consider making decisions on investment in such programs/projects.

3. Adjustment of public investment plans using the state budget’s capital in 2025 is subject to the following regulations:

a) Ministers, and heads of central authorities shall adjust public investment plans using the central-government budget’s capital to ensure concordance between projects included in the list of medium-term public investment plans decided by competent authorities before November 15, 2025, provided that total capital assigned by competent authorities will not be exceeded, and send reports on such adjustment to the Ministry of Finance within 03 working days;

b) Provincial-level People’s Committees shall adjust annual public investment plans using dedicated additional funding transferred from the central-government budget under their jurisdiction before November 15, 2025, provided that total capital assigned by competent authorities in the medium-term public investment plan will not be exceeded, and send reports on such adjustment to the Ministry of Finance within 03 working days and to the provincial-level People’s Councils in the upcoming meeting;

c) People’s Committees at all levels shall request People’s Councils at all levels to consider making decisions to adjust public investment plans using local-government budget’s capital in 2025 upon occurrence of changes in demands for or capacity for making investment of the planned capital of 2025 of local agencies and units before November 15, 2025.

d) People’s Committees at all levels shall adjust public investment plans using local-government budget’s capital in 2025 to ensure concordance between tasks and projects of agencies and units under their jurisdiction to whom planned capital is allocated before November 15, 2025, provided that total capital decided by the same-level People’s Councils will not be exceeded.

Article 3. Effect and responsibility for implementation

1. This Decree comes into force from October 18, 2025, except the cases prescribed in Clause 2 of this Article.

2. Provisions on adjustment of annual public investment plans in clause 13 Article 1 of this Decree shall apply from the public investment plan of 2026.

3. Ministers, heads of ministerial agencies, heads of other central-level authorities, Chairpersons of People’s Committees of provinces and central-affiliated cities, and heads of relevant agencies and units are responsible for implementation of this Decree.