On the morning of October 30, at the 8th Session, the Government submitted to the National Assembly a 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. This content was also discussed by National Assembly deputies in groups immediately afterwards.
Must abandon the "can't do it, ban it" and "ask - give" mechanism
Speaking at the meeting, Minister of Planning and Investment Nguyen Chi Dung once again emphasized the agreement of the National Assembly deputies with the Central Government's policy, the spirit of the National Assembly and the Government on innovation in law-making thinking. This is a very new and breakthrough idea.
That is, law making must both serve management and create development, promote creativity, expand space, and liberate resources for national development.
We must abandon the “can’t do it, then ban it” and the “ask-give” mechanism. According to Mr. Nguyen Chi Dung, in the past, we often held back our rights and mine. Regulations in general laws, then specialized laws, but in the end, they also created procedures and mechanisms of asking-giving. That did not keep up with development and hindered the country, so this time we must overcome it.
In addition, Minister Nguyen Chi Dung also affirmed the shift from pre-inspection to post-inspection; more thorough decentralization and delegation of authority; more thorough cutting of administrative procedures, making them shorter, reducing time and costs, and not losing investors' opportunities.
Switching to laws that are frameworks and principles, and issues that change frequently and arise in life, we try to assign the Government to adjust them for management, in a timely manner with reality.
"If you control too tightly, it will be stiff, if you loosen it too much, it will be released and the chickens will chase."
Referring to the draft Law on Planning, Law on Investment, Law on Investment under the Public-Private Partnership model and Law on Bidding, the Minister of Planning and Investment said that the issues selected for amendment this time were reviewed according to the request of the National Assembly Standing Committee, urgent, to clear bottlenecks, not urgent to amend the whole thing later. The issues were very focused but not perfectionist, not hasty. The problem is to what extent the regulations should be, because if they are too general, they will become resolutions, and if they are too detailed, they will become decrees.
“If we manage too tightly, it will be rigid and hinder development. If we open too much, we will let the chickens run wild, causing problems and having to deal with the consequences later. This relationship must be studied very thoroughly and closely, both to manage and to create development,” said Mr. Nguyen Chi Dung.
According to the Minister of Planning and Investment, the BT land-for-infrastructure project was previously abandoned and now being restored, but management and supervision factors must be introduced to avoid loss and ensure the interests of the state.
Regarding the Planning Law, Mr. Nguyen Chi Dung said that national sector planning is oriented and does not specify details for each project. National sector planning that includes projects in the law is rigid, and later if the capacity changes a little, the planning must be changed.
With the Investment Law, the drafting committee wants to design special procedural cases, because in the context of fierce competition to attract investment, countries are constantly innovating, if we do not innovate to compete, investors will leave.
“The state has many rights, who to do, where to do, how to do, how. Everything is up to us. Investors only have one right, which is not to do. If investors do not do, nothing will happen. Therefore, we must harmonize state management but also attract and encourage investment so that investors are bold enough to spend money, both domestic and foreign,” according to Mr. Nguyen Chi Dung.
The minister also cited the example of a billion-dollar Chinese car factory that took only 11 months from start to completion; a million-dollar shopping mall that took only 68 days from start to completion. Or in Dubai, a city with an area of 260 hectares, 500 high-rise buildings, worth 20 billion US dollars, was built in exactly 5 years, without a single day of error.
Regarding the reason, Mr. Nguyen Chi Dung said that they only have short regulations and requirements, investors do it themselves according to the regulations, and when the model is finished, the responsible and authorized person comes to review and approve it within 2 hours. That is the change from pre-inspection to post-inspection.
“The world is developing rapidly, we cannot delay any longer. In the future, we will not stop here, we will expand the rights of the industrial park management board according to our orientation, criteria, standards, technical norms, and just do it. The special case we propose is the same, investors do not need to do some procedures to shorten the time, to compete in the current situation, to attract investors” – Mr. Nguyen Chi Dung said.
Regarding the PPP Law, the Minister of Planning and Investment said that State capital participation can be over 50% but not more than 70%, along with amending and supplementing many related regulations to attract investors.
“The spirit is a very strong reform, a very big revolution. However, it is only the first step, continuing to follow the direction of the General Secretary. We also need to study carefully and thoroughly before deciding on breakthrough issues like this. I hope delegates will support us to meet the era of growth and development” – Minister Nguyen Chi Dung said.
Source: https://vov.vn/chinh-tri/phai-bo-viec-khong-lam-duoc-thi-cam-va-co-che-xin-cho-post1132024.vov
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