Removing obstacles, simplifying planning, investment, PPP and bidding procedures

Regulations on special investment procedures in the direction of shifting from pre-inspection to post-inspection, applied to a number of projects in the fields of innovation, semiconductor industry and high-tech fields, high-tech products according to the registration process and issuance of Investment Registration Certificates within 15 days; expected to reduce the time for administrative procedures to 260 days.

This is one of the additional contents in 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, which has just been submitted to the National Assembly by Minister of Planning and Investment Nguyen Chi Dung, authorized by the Prime Minister, presented to the National Assembly on the morning of October 30.

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 power in the fields of planning, business investment, investment under the public-private partnership method and bidding.

Simplify the planning process

Regarding the amendment of the Law on Planning, the draft 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; Delegating authority to the People's Committees at the provincial level to issue plans to implement provincial planning and supplementing regulations on adjusting planning implementation plans to create initiative and flexibility for localities in organizing planning implementation; Supplementing regulations on adjusting planning according to simplified procedures to meet the requirements of adjusting planning in urgent cases...

Notably, the amendments aim to simplify the planning process, determine the responsibility for participation and coordination of relevant agencies in the planning process, and decentralize the Prime Minister's authority to organize the appraisal of provincial planning tasks to the Ministry of Planning and Investment to simplify the planning process and procedures, and avoid duplication in planning activities.

Supplementing regulations on special investment procedures

Regarding the amendment of the Investment Law, it is noteworthy that the draft Law supplements 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 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 a number of procedures to be licensed, accepted or approved in 03 fields that require a lot of time to carry out administrative procedures: construction, environmental protection and fire prevention and fighting, so it is expected to be possible to reduce the time to carry out administrative procedures to 260 days.

In addition, the Prime Minister's authority to approve investment policies is delegated to provincial People's Committees for investment projects in construction and business of infrastructure of industrial parks and export processing zones; investment projects in construction of new ports and port areas with investment capital of less than VND 2,300 billion in special seaports... to create initiative for localities.

In addition, the draft Law amends a number of other contents such as: Regulations on the establishment of an Investment Support Fund from additional corporate income tax revenue according to 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 the termination of operations for 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.

Minister of Planning and Investment presents the Proposal on the draft Law

Encourage PPP method for all public investment projects

Regarding the amendment of the Law on Investment under the Public-Private Partnership (PPP) method, the draft Law amends a number of contents. Accordingly, regarding the fields and forms of investment contracts under the PPP method, the implementation of the PPP method 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. The limit on the minimum investment capital scale for implementing PPP projects is abolished; the Ministry, branches and localities are assigned 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 with payment in cash and payment by land fund in the direction of comprehensively innovating the implementation and payment methods for investors, overcoming the maximum shortcomings in the implementation of this type of contract. Add the BT contract type that does not require payment to apply to infrastructure works and public service provision that investors propose to invest in and build and transfer to the State without requiring payment for construction investment costs.

Regarding the financial mechanism for PPP projects, apply a flexible mechanism in allocating state capital to participate in the implementation of PPP projects; Clarify the procedures for using public investment capital to pay investors in case of early termination of contracts; supplement payment capital sources to share risks with PPP project enterprises and determine the order of priority when using these capital sources.

Regarding the process and procedures for implementing PPP projects, supplement the shortened and simplified procedures for 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; and BT projects that do not require payment.

Allows for the simultaneous implementation of several procedures to shorten project preparation time. For projects using public investment capital in PPP projects, it is allowed to establish and appraise technical designs and estimates simultaneously with the investor selection process; after signing the contract, the PPP project enterprise will organize the preparation of construction drawing designs.

Decentralize the authority to the grassroots appraisal council 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 currently prescribed). 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.

Speed ​​up project and package implementation progress

Regarding the amendments to the Law on Bidding, this draft Law amends a number of contents of the Law on Bidding such as: Allowing the approval of contractor selection results before the project is approved or signing a contract with a contractor before international treaties and foreign loan agreements are signed to help save time and speed up the implementation of projects and bidding packages; Allowing 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.

Supplementing bid packages that apply the form of contractor selection in special cases, and at the same time decentralizing the authority to decide on applying this form to projects and bid packages with special requirements on contractor selection that cannot be applied to other forms of contractor selection prescribed in this Law... In addition, amending and supplementing a number of other contents to remove obstacles, increase competitiveness in bidding, and ensure the rights of subjects during the bidding process.

Source: https://thoibaonganhang.vn/thao-go-vuong-mac-don-gian-hoa-thu-tuc-quy-hoach-dau-tu-ppp-va-dau-thau-157264.html