According to the Resolution, the implementation of the North-South Expressway Construction Investment Project, Western section, Gia Nghia (Dak Nong) - Chon Thanh (Binh Phuoc), which was decided by the National Assembly in Resolution No. 138/2024/QH15 dated June 28, 2024, must ensure compliance with legal regulations, progress, construction quality, strict management and economical, effective, public and transparent use of capital.
Procedures, order, authority to appraise and decide on investment in component projects
The Resolution clearly states the order, procedures, authority to appraise and decide on investment in component projects:
a- Component project 1 (investment in highway construction under public-private partnership method)
Binh Phuoc Provincial People's Committee organizes the preparation of a Feasibility Study Report, submits it to the State Appraisal Council for appraisal, and submits it to the Prime Minister for approval in accordance with the provisions of the Law on Investment under the public-private partnership model.
The management and use of state budget capital to support the construction of works and infrastructure systems arranged from public investment capital sources in component project 1 shall be implemented according to the provisions of Point b, Clause 5, Article 70 of the Law on Investment under the public-private partnership method.
The Ministry of Transport assigned the specialized construction agency to appraise the Project Feasibility Study Report.
b- Project group implementing investment in construction of service roads and overpasses (component project 2 and component project 3)
The Chairman of the People's Committee of Dak Nong and Binh Phuoc provinces shall exercise the authority of the investment decision maker, organize the preparation and appraisal of the Feasibility Study Report and decide to approve the project.
The order, procedures, authority to appraise and decide on investment in component project 2 and component project 3 are implemented similarly to those for group B projects managed by localities according to the provisions of law on public investment.
c- Component project group implementing compensation, support, and resettlement (component project 4 and component project 5)
The Chairman of the People's Committee of Dak Nong and Binh Phuoc provinces shall exercise the authority of the investment decision maker, organize the preparation and appraisal of the Feasibility Study Report and decide to approve the project.
The order, procedures, authority to appraise and decide on investment in component project 4 are implemented similarly to those for group B projects managed by localities according to the provisions of law on public investment.
The order, procedures, authority for appraisal and investment decision of component project 5 are implemented similarly to those for group A projects managed by localities according to the provisions of the law on public investment; assign the specialized construction agency under the People's Committee of Binh Phuoc province to organize project appraisal according to regulations.
d- The preparation, appraisal and decision to approve the appraisal results of environmental impact assessment reports are carried out for each component project, specifically as follows:
The Ministry of Natural Resources and Environment organizes the appraisal and approval of the appraisal results of the environmental impact assessment report for component project 1 and component project 5.
The Provincial People's Committee organizes the appraisal and approval of the appraisal results of environmental impact assessment reports for component projects 2, 3 and 4.
The Resolution also clearly states: The Chairman of the People's Committee of Dak Nong and Binh Phuoc provinces and the head of the competent authority shall apply the form of designated bidding during the implementation of the Project for consulting packages, compensation, support and resettlement packages. The order and procedures for implementing designated bidding shall comply with the provisions of the law on bidding.
The Government allows the People's Committees of Dak Nong and Binh Phuoc provinces to simultaneously carry out a number of tasks related to compensation, support, resettlement and identification of construction solid waste dumping sites during the project preparation phase, including:
Organize the preparation, approval and handover of site clearance pile design documents of component projects in each phase (depending on the technical complexity of each route section) to carry out compensation, support and resettlement. The site clearance pile design documents above will be updated to ensure compliance with the approved investment project.
Urgently organize the review, approval, and adjustment of district-level land use planning and plans to ensure sufficient basis and basis for implementing compensation, support, and resettlement work; carry out other tasks related to compensation, support, and resettlement work.
Based on the approved site clearance design documents, localities shall preliminarily determine resettlement needs, review land funds and resettlement housing funds to determine locations and forms of resettlement; organize the establishment, appraisal and approval of component projects for compensation, support and resettlement and organize the implementation of the next steps; organize the establishment of investment projects to build resettlement areas; and implement site clearance for resettlement areas (if any).
Localities determine the location and area of construction solid waste dump sites to meet the needs of component projects; carry out related tasks such as environmental impact assessment, site clearance of construction solid waste dump sites (if any) to ensure construction progress.
The Government also allows simultaneous implementation of procedures to shorten the time for performing the following tasks: appraisal and decision to approve the results of appraisal of environmental impact assessment reports; survey, preparation, appraisal and approval of investment projects; local adjustment of planning related to the Project; survey, preparation, appraisal and approval of technical designs, estimates and contractor selection; other related tasks to ensure the progress of implementation of component projects; the above procedures must ensure the principle that the results of some tasks performed in the previous step are the basis for implementing the following tasks according to the provisions of law on construction investment.
Organize appraisal of Feasibility Study Report within maximum 60 days
The Government assigns the Ministry of Planning and Investment to perform the tasks of the standing body of the State Appraisal Council in the process of appraising the Feasibility Study Report of component project 1 invested under the public-private partnership method, and to organize the appraisal of the Feasibility Study Report within a maximum period of 60 days from the date of receiving a complete dossier as prescribed.
Guide, resolve within authority or advise competent authorities to remove difficulties and problems (if any) related to the selection of contractors and investors to implement the Project and issues related to the specialized field in charge.
The Ministry of Finance shall preside over and coordinate with relevant agencies to synthesize and submit to the Prime Minister for consideration and decision on the use of the central budget to pay for the reduced revenue (if any) for enterprises investing in component project 1 invested under the public-private partnership method in accordance with the provisions of law on investment under the public-private partnership method.
The Ministry of Natural Resources and Environment shall appraise and approve the appraisal results of environmental impact assessment reports for component projects to ensure required quality and progress; preside over and coordinate with relevant ministries, branches and localities to issue documents guiding localities and construction contractors on the implementation of the specific mechanism on mining of minerals for use as common construction materials prescribed in Point d, Clause 1, Article 3 of Resolution No. 138/2024/QH15, especially: (i) land recovery for mining and land use plans for the mining area after completion of mining; (ii) material mines not yet included in the local mining plan; (iii) mining of minerals with higher value than common construction materials during mining and project construction; (iv) performing financial obligations for mineral activities and other related contents.
Source: https://baotainguyenmoitruong.vn/trien-khai-dau-tu-xay-dung-duong-cao-toc-bac-nam-phia-tay-doan-gia-nghia-chon-thanh-380389.html
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