(MPI) - Continuing the program of the 8th Session of the 15th National Assembly, on the morning of October 30, 2024, authorized by the Prime Minister, Minister of Planning and Investment Nguyen Chi Dung presented a summary of the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding.
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| Minister of Planning and Investment Nguyen Chi Dung presented a summary of the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding. Photo: quochoi.vn |
Minister Nguyen Chi Dung said that the development of the Law aims to promptly remove urgent institutional difficulties and obstacles, simplify administrative procedures and promote decentralization and delegation of authority in the fields of planning, business investment, investment under the public-private partnership method and bidding.
The viewpoint of law making is to focus on amending contradictory regulations, causing difficulties, and urgent requirements to amend to facilitate investment, production, and business activities. The amended regulations must clearly define the amended content and assess specific impacts; ensure independence, stability, and inherit the content when amending and supplementing comprehensive laws. Ensure the consistency and unity of the legal system, in accordance with Vietnam's international treaties and commitments.
Some contents of the Law on Planning
Regarding the content of amendments and supplements in the draft law, Minister Nguyen Chi Dung said that this Law amends a number of contents of the Law on Planning, such as clearly defining the relationship between technical and specialized planning and planning in the national planning system to resolve problems regarding the basis for planning when the higher-level planning has not been approved.
The regulation of "urban and rural planning" is "technical and specialized planning" to suit the nature of this type of planning and to be consistent with the provisions of the draft Law on Urban and Rural Planning.
Allow the use of public investment capital, regular expenditure sources and other legal capital sources for planning activities to create a flexible mechanism when using the state budget, in accordance with the nature of each type of planning. Simplify the planning process, determine the responsibility for participation and coordination of relevant agencies in the planning process, appraisal and decentralize the Prime Minister's authority to organize the appraisal of the provincial planning task to the Ministry of Planning and Investment to simplify the planning procedures and avoid duplication in planning activities.
Amend the regulation on "Project List" to "Proposed List" of important national projects and priority projects to ensure clear identification of goals and long-term orientation of national planning, regional planning, and provincial planning, avoiding having to adjust planning many times, causing difficulties for investment and business activities.
Decentralize the authority to the Provincial People's Committee to issue plans to implement provincial planning and supplement regulations to adjust the planning implementation plan to create initiative and flexibility for localities in organizing the implementation of planning...
Supplementing regulations on planning adjustment according to simplified procedures to meet the requirements of planning adjustment in urgent cases according to the principle that planning adjustment does not change the planning objectives, ensuring connectivity, synchronization, inheritance, stability and system among plans; identifying cases of simplified adjustment to implement Resolutions of the National Assembly, the National Assembly Standing Committee, the Government (such as the arrangement of administrative units and implementation of important national projects...) and to handle planning that conflicts with higher planning or with planning at the same level; decentralizing the authority to approve the planning adjustment policy to the Government in case of adjusting the national master plan, regional planning and provincial planning.
Amended content of the Investment Law
Regarding the amendment of the Investment Law, Minister Nguyen Chi Dung stated that this Law amends a number of contents of the Investment Law on the decentralization of the Prime Minister's authority to approve investment policies to provincial-level People's Committees for investment projects on construction and business of infrastructure of industrial parks and export processing zones; investment projects on construction of new ports and port areas with an investment capital scale of less than VND 2,300 billion in special seaports and investment projects regardless of scale within the protection scope of Zone I and Zone II of relics recognized by competent authorities as national relics or special national relics, except for investment projects within the protection zone I of special national relics on the World Heritage List to create initiative for localities.
Regulate the assessment of the conformity of investment projects with urban and rural planning in the direction of assessing the conformity of projects with zoning plans; in case a project is proposed in an area where zoning plans are not required to be established or are being developed or where zoning plans must be adjusted and have not been approved by competent authorities, the conformity of the investment project with the general plan shall be assessed.
Regulations on the establishment of an Investment Support Fund from additional corporate income tax revenue in accordance with regulations on preventing erosion of the global tax base and other legal sources to attract strategic investors, multinational corporations and support businesses in a number of investment incentive industries and professions.
Regulations on termination of projects that are behind schedule, projects that have not been implemented for many years, causing waste of land, in order to free up resources for socio-economic development. Supplementing regulations on special investment procedures in the direction of shifting from pre-inspection to post-inspection to simplify investment procedures, shorten project implementation time to create a favorable and competitive mechanism to attract strategic investors.
Accordingly, special investment procedures apply to a number of projects in the fields of innovation, semiconductor industry and high-tech fields, high-tech products that are prioritized for investment and development in industrial parks, export processing zones, high-tech zones and economic zones according to the investment registration process at the Management Boards to issue Investment Registration Certificates within 15 days.
Investors do not have to carry out certain procedures to obtain licenses, approvals or permits in three areas that require a lot of administrative time: construction, environmental protection and fire prevention and fighting (it is expected to reduce administrative procedure time by up to 260 days).
Amended content of the Law on Investment under the public-private partnership method
Regarding the amendment to the Law on Investment under the public-private partnership model, Minister Nguyen Chi Dung said that this Law amends a number of contents on the fields and forms of investment contracts under the PPP model. Accordingly, the implementation of the PPP model is encouraged for all projects in the public investment sector to provide public products and services, except for projects in the State monopoly sector or projects in the fields of national defense, security, and social order and safety.
Abolish the limit on minimum investment capital to implement PPP projects; assign ministries, branches and localities to consider and be responsible for deciding on the selection of projects suitable to the needs and implementation conditions of investors.
Continue to apply the BT contract type of payment in cash and payment by land fund in the direction of comprehensively innovating the implementation and payment methods for investors, maximally overcoming the shortcomings in the implementation of this type of contract (such as: the total investment must be accurately determined, avoiding inflated project value; bidding must be organized to select investors; the payment mechanism for investors must be specifically and transparently determined right from the project establishment stage).
Add a type of BT contract that does not require payment to apply to infrastructure works and public service provision projects that investors propose to invest in and construct and transfer to the State without requiring payment for construction investment costs.
Regarding financial mechanisms for PPP projects: Apply a flexible mechanism in allocating state capital to participate in implementing PPP projects in the direction of continuing to regulate the state capital ratio at 50% and assigning the Prime Minister or the Provincial People's Council to decide on a higher state capital ratio but not exceeding 70% of the total investment for the project.
Clarify the order and procedures for using public investment capital to pay investors in case of early contract termination; supplement payment capital sources to share risks with PPP project enterprises and determine the order of priority when using these capital sources, including: general reserve for medium-term public investment plans; increase revenue and save state budget expenditure for development investment expenditure.
Regarding the process and procedures for implementing PPP projects: Supplementing procedures to shorten and simplify the content of pre-feasibility and feasibility study reports for group B and group C projects that do not use state capital; O&M projects; BT projects that do not require payment.
Allows for simultaneous implementation of several procedures to shorten project preparation time (such as: preparing a feasibility study report during the investment policy approval process; preparing bidding documents during the preparation, appraisal, and approval of the investment policy and feasibility study report).
For projects using public investment capital in PPP projects, it is allowed to establish and appraise technical designs and estimates simultaneously with the process of selecting investors; after signing the contract, the PPP project enterprise will organize the establishment of construction drawing designs.
Decentralize the appraisal council at the grassroots level to appraise feasibility study reports for projects under the Prime Minister's authority to decide on investment policies (instead of the interdisciplinary appraisal council as prescribed in current regulations).
Decentralize the authority to decide on investment policies for PPP projects, approve PPP projects, and supplement costs for preparing and implementing PPP projects to synchronize with public investment projects according to the draft Law on Public Investment.
Regarding handling difficulties for transitional BOT and BT projects: Allow the application of the PPP Law in cases where the contract was signed before the PPP Law took effect and there are no regulations governing issues arising during project implementation.
For BT project contracts with contents that are not in accordance with legal regulations at the time of signing, the Government has proposed a handling mechanism in Submission No. 513/TTr-CP. However, this is a complicated matter that needs to be reviewed and evaluated more carefully. Therefore, the Government has reported to competent authorities in the direction of studying and drafting a National Assembly Resolution to remove obstacles for these projects.
Amended content of the Law on Bidding
Regarding the amendments to the Law on Bidding, this Law amends a number of contents such as: allowing the approval of contractor selection results before the project is approved or signing contracts with contractors before international treaties and foreign loan agreements are signed to contribute to saving time and speeding up the implementation progress of projects and bidding packages.
Allow the application of restricted bidding, international bidding, and domestic bidding in cases where development partners and foreign donors request the application of these forms as a binding condition in the process of negotiating and signing international treaties and foreign loan agreements in order to speed up the process of negotiating and signing international treaties and foreign loan agreements.
Supplementing bid packages that apply the form of contractor selection in special cases, and at the same time decentralizing the authority to decide on the application of this form to speed up the implementation progress of projects and bid packages with special requirements on contractor selection for which other forms of contractor selection prescribed in this Law cannot be applied.
Amending regulations on applying direct procurement to the purchase of drugs for retail sale at drug retail establishments to remove difficulties in drug retail activities at hospital pharmacies, speed up drug procurement progress, and meet the quality and requirements for medical examination and treatment.
Amend regulations on contractor appointment and contractor planning basis to ensure consistency and consistency with laws on national planning and reserves.
In addition, this Law amends and supplements a number of other contents to remove obstacles, increase competitiveness in bidding, and ensure the rights of subjects in the bidding process (such as supplementing regulations on the eligibility of bidders; shortening the time to prepare bidding documents for consulting service packages; amending regulations on the one-stage, two-envelope method, contract negotiation, ensuring competition in bidding and procurement to serve the business activities of public service units), Minister Nguyen Chi Dung emphasized./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-10-30/Bo-truong-Nguyen-Chi-Dung-trinh-bay-to-trinh-tom-tqxymaq.aspx
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