Kinhtedothi - On the morning of November 6, discussing the Draft Law on Public Investment (amended) at the meeting hall, National Assembly delegates proposed that there should be regulations to shorten the time and procedures for investment preparation.
Speaking at the discussion, National Assembly delegate Pham Hung Thang (National Assembly delegation of Ha Nam province) said that according to the provisions of Clause 2, Article 57 of the Draft Law, after the project completes the investment preparation steps such as: approving the investment policy, arranging the medium-term capital plan and approving the investment project, but if the annual capital has not been arranged, the next tasks in the investment implementation step will not be implemented. For example, site clearance, design, cost estimates, bidding for selection of construction contractors, bidding for selection of supervision units, etc. will affect the implementation progress.
To shorten the time and procedures for performing the above tasks, delegate Pham Hung Thang proposed to consider amending and adding more conditions for projects to be allocated annual public investment plan capital in Clause 2, Article 57.
Similarly, Clause 1, Article 59 stipulates that "capital for investment preparation tasks is allocated to prepare proposals for programs and projects using ODA capital and preferential loans from foreign donors; prepare, appraise, and decide on project investment policies; prepare, appraise, and decide on project investment". Delegates believe that with such a provision, the following tasks will not be implemented if capital for project implementation has not been allocated.
Therefore, to overcome this shortcoming and shorten the time to perform the above tasks, delegate Pham Hung Thang proposed to consider amending Clause 1, Article 59 and Clause 3, Article 59 of the Draft Law in the direction of: transferring tasks such as preparing technical designs, preparing construction drawings, making estimates, and bidding to select contractors in the investment implementation step to investment preparation tasks.
Participating in the discussion, National Assembly delegate Tran Chi Cuong (National Assembly Delegation of Da Nang City) basically agreed with 5 groups of contents proposed for amendment and supplementation in the draft law, including new regulations that contribute to shortening the time for project implementation. However, the delegate said that regulations on procedures for implementing public investment projects need to be studied, reviewed, and adjusted to further shorten the time for project implementation.
Delegate Tran Chi Cuong analyzed that investment procedures are not only regulated in the Investment Law but also regulated in many other laws such as land, construction, environment, technology transfer, fire prevention and fighting, etc. According to current regulations, the time to carry out procedures on land, construction, environment, technology transfer, fire prevention and fighting often takes a long time. Each procedure has its own requirements regarding documents, procedures and time.
"On average, the time to fully complete the above procedures (depending on project type A, B or C) will last from about 250 to 350 days to start construction - that is, it will take more than 8 months from the time the People's Council approves to implement. In reality, the time to complete the procedures may be longer due to delays in completing related records and documents" - delegate Tran Chi Cuong stated.
From that reality, the delegate suggested that the Draft Law should study and supplement regulations on time for the steps of procedure preparation and approval by agencies, similar to the provisions in Article 36a supplementing the Investment Law regulating special investment procedures submitted to the National Assembly in the draft Law amending and supplementing the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership method and the Law on Bidding.
Previously, referring to the amendment of the Law on Public Investment, Minister of Planning and Investment Nguyen Chi Dung said that the content of the amendment of the Law on Public Investment has fully and comprehensively specified 5 major policy groups, deeply demonstrating the spirit of breakthrough, reform, decentralization, and delegation of power of the Party Central Committee, the Politburo, the National Assembly, and the Government according to the motto "locality decides, locality does, locality takes responsibility"; the Central Committee, the National Assembly, and the Government play a role in creating, strengthening institutional improvement and inspection and supervision; ensuring clear people, clear work, clear responsibilities, clear results; cutting down and simplifying administrative procedures, not allowing responsibility to be passed on, avoiding creating a "request-grant" mechanism...
The Law Project has received high appreciation from ministries, branches, localities, international organizations, and foreign donors, especially for fundamentally removing existing problems, limitations, obstacles, and bottlenecks arising in the implementation of the 2019 Law on Public Investment; regulations on decentralization, delegation of authority, ensuring clear identification of people, tasks, and responsibilities for easy inspection, supervision, monitoring, and evaluation, meeting the requirements of management and use of public investment resources to implement three strategic breakthroughs, especially infrastructure breakthroughs in the new situation.
Source: https://kinhtedothi.vn/dbqh-luat-can-co-quy-dinh-rut-ngan-thoi-gian-thu-tuc-chuan-bi-dau-tu.html
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