With 444/446 National Assembly deputies participating in the vote in favor (accounting for 92.69% of the total number of deputies), this afternoon, November 29, the National Assembly officially passed the 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.
In the report on acceptance and explanation, Mr. Vu Hong Thanh, Chairman of the National Assembly's Economic Committee, said that the Investment Law has been revised in the direction of simplifying detailed contents on documents and procedures, retaining only necessary principles and specific contents.
In particular, by amending and supplementing a number of articles of the PPP Law, the Government will restart projects under the BT contract mechanism.
Chairman of the Economic Committee Vu Hong Thanh presented the report.
The National Assembly Standing Committee believes that BT contracts have been piloted with different regulations on fields, project scale and payment methods, but have not been fully and thoroughly summarized and evaluated. Therefore, there is not enough basis to legalize the regulations on mechanisms, order and procedures of BT contracts in the draft Law.
To create a legal basis for implementing the BT contract mechanism and absorb the opinions of National Assembly deputies, the draft Law only stipulates the basic principles on payment mechanisms for investors for 3 forms.
Specifically, BT investors are paid by land fund, paid by state budget and do not require payment. At the same time, additional regulations are added to assign the Government to specify the BT contract mechanism for the above payment methods.
In addition, continue to stipulate the authority of the Prime Minister in establishing an interdisciplinary appraisal council; stipulate that the State Audit conducts an audit of compensation costs and allows the parties to agree and hire an independent auditor to audit these costs.
National Assembly delegates participating in voting.
Allow the competent authority to decide on investment policies to decide on the maximum state capital ratio of 70% for eligible projects.
The Law also adds provisions allowing independent projects or PPP component projects to separate compensation and resettlement support costs using public investment capital, applying a maximum state capital ratio of 70% of the total investment if meeting conditions on location or technology transfer.
In particular, the revised Law increases the limit on bid designation from VND100 million to VND300 million for bid packages under the procurement budget that do not form a project. At the same time, there is no distinction between the bid designation limit between bid packages using regular expenditure funds and public investment funds.
The Law also adds the case of designated bidding for archaeological excavation packages, restoration of national relics, special national relics and world cultural heritage. The Law also amends the provisions to ensure competition between participating contractors and consulting contractors in the same bidding package for bidding packages belonging to state economic groups, parent companies and subsidiaries.
The Law takes effect from January 15, 2025, except for the implementation of BT projects paid by land funds and BT contracts paid by the state budget, which take effect from July 1, 2025.
Source: https://vtcnews.vn/quoc-hoi-dong-y-khoi-dong-lai-du-an-bt-doi-dat-lay-ha-tang-ar910480.html
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