Decision No. 369/QD-BCDPPP dated November 23, 2016, promulgating the Regulation on activities of the Public - Private Partnership Steering Committee

DECISION

PROMULGATING THE REGULATION ON ACTIVITIES OF THE PUBLIC - PRIVATE PARTNERSHIP STEERING COMMITTEE  

CHIEF OF THE INVESTMENT STEERING COMMITTEE IN THE FORM OF PUBLIC - PRIVATE PARTNERSHIP (PPP)

Pursuant to Decision No. 34/2007/QD-TTg dated March 12, 2007 of the Prime Minister issuing Regulation on establishment, organization and operation of intersectional coordination organization;

Pursuant to the Government's Decree No. 15/2015/ND-CP dated February 14, 2015 on investment in the form of Public-Private Partnerships;

Pursuant to Decision No. 2048/QD-TTg dated October 27, 2016 of the Prime Minister on strengthening the Public - Private Partnership Steering Committee;

At the proposal of the Minister of Planning and Investment,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on activities of the Public – Private Partnership Steering Committee.

Article 2. This Decision will take effect from the day on which it is signed and replaces Decision No. 161/QD-BCDPPP dated December 11, 2012 on promulgating the regulation of the Public – Private Partnership Steering Committee.

Article 3. The members of the Steering Committees, Heads of relevant units are liable to execute this Decision./.

STATUTE

ACTIVITIES OF PUBLIC – PRIVATE PARTNERSHIP STEERING COMMITTEE
(Promulgate together with Decision No. 369/QD-BCDPPP dated November 23, 2016)

Chapter I

GENERAL PROVISIONS

Article 1. Public – Private Partnership Steering Committee (hereinafter referred to as Steering Committee) is an interdisciplinary organization which assists the Government and the Prime Minister in studying, directing, executing and cooperating on the fulfillment of important and interdisciplinary tasks related to public – private partnerships (PPP).

Article 2. Tasks and powers of the Steering Committee

1. Study and suggest the orientation, plans and strategic solutions for efficient implementation of PPP model.

2. Assist the Prime Minister in directing, supervising and coordinating activities between the ministries and local governments in the implementation of PPP model.

3. Direct the relevant ministries to build and complete the legal document system on PPP including instructions on the implementation of Decree No. 15/2015/ND-CP dated February 14, 2015 on investment in the form of Public – Private Partnerships (hereinafter referred to as Decree No. 15/2015/ND-CP) and Decree No. 30/2015/ND-CP dated March 17, 2015 providing guidelines for some Articles on investor selection of the Law on Bidding (hereinafter referred to as Decree No. 30/2015/ND-CP).

4. Direct the ministries and local governments in the preparation, submission and approval of the prioritized PPP projects and the financial support mechanism for these projects.

5. Direct the assessment of PPP; propose legal policies on PPP.

Chapter II

OPERATIONAL METHODS OF THE STEERING COMMITTEE

Article 3. Operational methods of the Steering Committee

1. The Steering Committee operates on the principle of collective discussion and the head shall decide on the basis of unanimity among the members. In case of divergent opinions among members, the head shall make decisions and take responsibility to the Prime Minister for such decisions.

2. The Head, the Deputy Heads and the commissioners of the Steering Committee shall work on a part-time basis.

3. The Deputy Heads and commissioners of the Steering Committee shall be responsible for organizing, cooperating and making investment in the form of PPP within the scope of their respective management and monitoring the performance of PPP tasks at their offices with the support of the leading unit.

4. Opinions of members of the Steering Committee are the official opinion of the organization or agency for which the member is working.

5. The Steering Committee shall hold biannual and ad hoc meetings at the request of the Head. In addition to opinions offered in the meetings, the Steering Committee may request the members to offer their opinions in writing

6. The Ministry of Planning and Investment shall act as the standing agency of the Steering Committee to perform the tasks specified in Article 4 of this Statute.

7. The Head (or authorized Deputy Head) shall take charge and conclude the meetings of the Steering Committee; sign documents of the Steering Committee and send those to the Government, the Prime Minister and other relevant agencies.

8. Members of the Steering Committee must be present at all meetings of the Steering Committee. If a member of the Steering Committee cannot attend the meeting, he/she must report to the Head or Deputy Heads and authorize a responsible person to take part in the meeting and take responsibility for contributing opinions on the issues in the Steering Committee meeting.

9. The Head shall use the seal of the Prime Minister; the Deputy Heads and the commissioners shall sign documents in accordance with assigned duties or authorization and use the seal of their agencies.

10. The Steering Committee has been put into action since October 27, 2016.

Article 4. Tasks of the standing agency of the Steering Committee

1. Formulate a biannual and annual work program and submit it to the Head for approval

2. Cooperate with the ministries and local governments in preparing reports to be presented in Steering Committee meetings and reports on other related issues as requested by the Steering Committee.

3. Supervise the members of Steering Committee performing the tasks prescribed in this Statute and other tasks assigned by the Head;

4. Provide sufficient and timely information to commissioners about the programs, plans, conclusions of the Head and other activities of the Steering Committee.

Article 5. Operational funds of the Steering Committee

The operational funds of the Steering Committee shall be included in the annual budget estimates of the Ministry of Planning and Investment Ministries and local governments shall provide funds for activities of members of the Steering Committee who are their representatives. The use and statement of funds shall comply with the effective regulations.

Chapter III

TASKS AND POWERS OF THE MEMBERS OF THE STEERING COMMITTEE

Article 6. Tasks and powers of the Head

1. Take responsibility to the Prime Minister for the tasks and activities of the Steering Committee.

2. Provide guidance on the performance of the tasks of the Steering Committee.

3. Administer, assign, direct, inspect and urge members of the Steering Committee to perform the assigned tasks; consider approving work plans; preside over meetings of the Steering Committee.

Head of the Steering Committee shall convene and preside over biannual, annual and ad hoc meetings. The Head may authorize the Deputy Heads to preside over the meetings.

4. Promulgate and amend the regulations of the Steering Committee; admit and replace members when necessary.

Article 7. Tasks and powers of the Deputy Head

1. Take responsibility to the Prime Minister for the assigned tasks.

2. Perform the tasks authorized by the Head; ensure proper and effective functions, tasks and regulations.

3. Sign the executive documents of the Steering Committee and the instructional documents, direct and supervise the implementation of the Steering Committee's work programs and work plans when they are authorized by the Steering Committee.

4. Request the ministries and local governments to prepare reports to be presented in the biannual and annual Steering Committee’s meetings or ad hoc reports on the situation and results of the Steering Committee's working plan.

5. Apart from the tasks prescribed in Clauses 1, 2, 3 and 4 of this Article, the standing Deputy Heads being the Minister of Planning and Investment shall direct the performance of the tasks prescribed in Article 64 Decree No. 15/2015/ND-CP and is responsible for settling affairs of the Steering Committee as authorized by the Head; submit the biannual and annual work plans of the Steering Committee to the Head as these plans are the basis for the management and administration of the Steering Committee and each member.

6. Apart from the tasks prescribed in Clauses 1, 2, 3 and 4 of this Article, the standing Deputy Heads being the Deputy Minister of Finance shall direct the performance of the tasks prescribed in Article 65 Decree No. 15/2015/ND-CP and is responsible for settling affairs of the Steering Committee as authorized by the Head.

Article 8. Tasks and powers of the commissioners of the Steering Committee

1. General tasks

a) Take responsibility to the Head for the assigned tasks.

b) Take part in all meetings and work programs of the Steering Committee; make comments on issues raised in the meeting. If a commissioner of the Steering Committee cannot attend the meeting, he/she must report to the Head or Deputy Heads and authorize a responsible person to take part in the meeting.

c) Advise the Head to supervise and implement the PPP investment plans in their respective ministries, branches or agencies. Carry out the tasks and work plans of the Steering Committee, the Steering Committee's opinions and conclusions on the domains under the commissioner’s charge

d) Report to the Head and take responsibility for the results of the implementation of the investment in the form of PPP of their assigned ministries, branches or localities and other assigned issues prescribed in this Statute.

dd) Promptly report the work and conclusions of the Steering Committee to the Heads of the members’ respective agencies on the fields within the scope of their respective management; propose to the Steering Committee the guidelines, solutions, mechanisms and policies of the implementation of Decree No. 15/2015/ND-CP and Decree No. 30/2015/ND-CP.

2. Specific tasks

Apart from the tasks specified in Clause 1 of this Article, the commissioners of the Steering Committees shall be assigned the following specific tasks:

a) The commissioners of the Steering Committee who are also the Head of the ministries, branches and provincial-level People's Committees shall act as the focal point for performing the assigned tasks according to the regulations specified in Articles 69 and 70 of Decree No. 15/2015/ND-GOVERNMENT.

b) The commissioners of the Steering Committee who are also the Deputy Head of the Ministry of Justice shall act as the focal point for performing the assigned tasks according to the regulations specified in Articles 66 of Decree 15/2015/ND-CP.

c) The commissioners of the Steering Committee who are also the representatives of the State Bank shall act as the focal point for performing the assigned tasks according to the regulations specified in Articles 67 of Decree 15/2015/ND-CP.

d) The commissioners of the Steering Committee who are also the representatives of the Ministry of Construction shall act as the focal point for performing the assigned tasks according to the regulations specified in Articles 68 of Decree 15/2015/ND-CP.

Article 9. Tasks and powers of the secretary of the Steering Committee

1. Formulate drafts, annual work programs and agenda of the Steering Committee meetings, prepare reports on the Steering Committee's activities and submit them to the Head for approval.

2. Assist the Head in supervising the ministries and local governments prepare reports on relevant issues as requested by the Head; send necessary documents to the members of the Steering Committee;

3. Assist the Head in supervising the Commissioners perform the tasks assigned in this Statute and other tasks assigned by the Head;

4. Consolidate reports according to the Steering Committee's regulations in this Statute and submit the consolidated report to the Head, Deputy Heads and the commissioners of the Steering Committee; provide sufficient information on time to the Commissioners on the programs, plans, conclusions of the Head and other activities of the Steering Committee;

5. Assist the Head, Deputy Heads and standing agencies of the Steering Committee on performing the tasks assigned in Article 4, 6, 7 of this Statute./.