Passing "1 law amending 4 laws", removing obstacles in compensation costs for project site clearance

Kinhtedothi- On the afternoon of November 29, at the 8th Session, the 15th National Assembly 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.

Facilitate decentralization and delegation

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 includes 6 Articles; amending and supplementing 119 articles, clauses and 3 Appendices of 4 Laws; fundamentally eliminating specific and detailed provisions under the authority of the Government, facilitating decentralization and delegation of power, meeting the requirements of administrative reform and ensuring conformity with reality.

Chairman of the Economic Committee Vu Hong Thanh reported on the reception, revision and explanation of the Draft Law - Photo: Quochoi.vn

The Law stipulates the costs of establishing, announcing, and adjusting national planning, regional planning, and provincial planning using public investment capital in accordance with the provisions of the law on public investment and other legal capital sources; for national land use planning, national defense land use planning, and security land use planning, it is implemented in accordance with the provisions of the law on land...

The law stipulates that the bid package under the procurement estimate that does not form a project has a bid package price not exceeding 300 million VND; the bid package under the project has a bid package price not exceeding 500 million VND for the consulting service bid package, not exceeding 1 billion VND for the non-consulting service, goods, construction and installation, and mixed bid packages; the bid package for planning tasks has a bid package price not exceeding 500 million VND.

Regarding the amendment and supplementation of a number of articles of the Investment Law, the Law stipulates that in cases where two or more investors propose a project with a request for the State to lease land or change the land use purpose at a location, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall consider and issue an Investment Registration Certificate to the first investor to submit a valid application and notify the remaining investors in writing.

With 444/446 National Assembly deputies participating in the vote in favor (accounting for 92.69% of the total number of National Assembly deputies), the National Assembly voted to pass 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 - Photo: Quochoi.vn

In case the first investor who submits the application is denied the issuance of the Investment Registration Certificate, the Management Board of the industrial park, export processing zone, high-tech zone, or economic zone shall carry out the procedure for issuing the Investment Registration Certificate according to the principle of reviewing the application of each subsequent investor in turn. Foreign investors are allowed to establish an economic organization to implement the investment project before registering the investment.

Increase the limit of bidding

Previously, in the report on receiving, revising and explaining the Draft Law, Chairman of the Economic Committee Vu Hong Thanh said that some opinions of National Assembly deputies reflected difficulties in implementing regulations on assessing the conformity of investment projects with types of planning in current laws, due to the lack of specific guidance. The National Assembly Standing Committee said that the Draft Law submitted by the Government to the National Assembly has been amended and clarified on assessing the conformity with urban planning, but has not completely resolved the problems with national planning, regional planning, provincial planning and rural planning.

In order to remove difficulties, the Draft Law has been revised to allow assessment of the project's conformity with relevant planning, avoiding the understanding that the project's conformity with all types of planning must be assessed. To make this provision feasible and avoid difficulties in practice, it is recommended that the Government promptly issue detailed guidance documents on this content, ensuring consistency and effectiveness in law enforcement.

National Assembly delegates voting - Photo: Quochoi.vn

Regarding the selection of contractors and investors in special cases, ensuring flexibility in management, the Draft Law amends Article 29 in the direction of stipulating the principles for applying contractor selection in special cases and assigns the Government to specify details of this Article.

At the same time, to meet the requirements for implementing special projects that cannot be implemented through normal bidding, and to absorb the opinions of National Assembly deputies, the Draft Law has added Article 34a regulating the selection of investors in special cases in the direction of stipulating principles and assigning the Government to specify details of this Article to ensure flexibility, timely amendments and supplements when necessary, meeting the requirements of administrative reform and in accordance with practical requirements.

In addition, the Law also adds provisions allowing independent projects or component projects invested under the public-private partnership method to separate compensation costs and resettlement support 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 addition, the Draft Law has revised and increased the limit on bid designation from VND 100 million to VND 300 million for bid packages under the procurement budget that do not form a project, and at the same time does not distinguish the limit on bid designation between bid packages using regular expenditure capital and public investment capital; adds the case of bid designation for archaeological excavation packages, restoration of national relics, special national relics and world cultural heritage; amends the regulations on ensuring competition between participating bidders and consulting bidders in the same bid package for bid packages belonging to State economic groups, parent companies, subsidiaries, etc.

Source: https://kinhtedothi.vn/thong-qua-1-luat-sua-4-luat-go-vuong-chi-phi-boi-thuong-gpmb-du-an.html