Construction investor (hereinafter referred to as investor) means an agency, organization or individual that owns capital, borrows capital or is assigned to directly manage and use capital to carry out construction investment activities.
The investor shall be decided by the investment decider before the project formulation or the project approval.
According to the provisions of Article 7 of the 2014 Law on Construction, it regulates the issues of construction investors.
Thus, depending on the source of capital used for the project, the investor is specifically identified:
Firstly, for projects using state budget capital and non-budget state capital, the investor is the agency or organization assigned to manage and use the capital for construction investment by the investment decider.
Secondly, for projects using loan capital, the investor is an agency, organization or individual that borrows capital for construction investment.
Thirdly, for projects implemented in the form of “contract” projects, public-private partnership contracts, the investor is the project enterprise established by the investor’s agreement in accordance with the law.
Fourthly, projects that do not fall into the categories specified at Points a, b and c, Clause 1, Article 7 of the 2014 Law on Construction are invested by organizations or individuals that own capital.
Based on the specific conditions of the project funded by the state budget, the project investment decider shall assign the specialized construction investment project management board and the regional construction investment project management board to master the project. invest; in case there is no project management board, the investment decider shall select an agency or organization that is fully qualified to act as the investor.
Investors are responsible before law and investment deciders within the scope of their rights and obligations under the provisions of the Law on Construction 2014 and other relevant laws.