| THE NATIONAL ASSEMBLY OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM |
| Resolution No.: 106/2023/QH15 | Hanoi, November 28, 2023 |
PILOTING CERTAIN SPECIFIC POLICIES ON INVESTMENT IN AND CONSTRUCTION OF ROADS
THE NATIONAL ASSEMBLY OF VIETNAM
Pursuant to the Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on Promulgation of Legislative Documents No. 80/2015/QH13 as amended by the Law No. 63/2020/QH14;
HEREIN RESOLVES:
This Resolution provides for the pilot application of certain specific policies on investment in and construction of roads to the projects specified in the Appendix enclosed herewith.
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State funding for implementing a PPP project may exceed 50% of total investment of that project in respect of 02 projects specified in Appendix I enclosed herewith.
Article 3. Supervisory authorities of road investment projects
1. The Prime Minister of Vietnam shall consider, decide and assume responsibility for designation of provincial People’s Committees as supervisory authorities that shall be allowed to use their own local-government budget and other lawful funding sources to make investment in 07 national highway and expressway projects specified in Appendix II enclosed herewith. During the effective period of this Resolution, Provincial People’s Committees are designated as supervisory authorities in charge of completing investment procedures for 06 projects for which investment procedures are yet to be completed as specified in Appendix II enclosed herewith.
2. The Prime Minister of Vietnam shall consider, decide and assume responsibility for designation of a provincial People’s Committee as supervisory authority that shall be allowed to use their own local-government budget to assist other local governments in performing public investment activities in their provinces in respect of 14 projects specified in Appendix III enclosed herewith. During the effective period of this Resolution, the provincial People’s Committee is designated as the supervisory authority in charge of completing investment procedures for 05 projects for which investment procedures are yet to be completed as specified in Appendix III enclosed herewith.
3. Provincial People’s Committees designated as supervisory authorities shall perform public investment activities of projects which are under the management of local governments in accordance with regulations of the Law on Public Investment, the Law on Construction and relevant laws; assume responsibility to manage, operate and maintain roads during investment in road upgrading and expansion.
Article 4. Extraction of minerals used as normal building materials
1. During the effective period of this Resolution, construction contractors shall not be required to follow procedures for license to extract minerals used as normal building materials included in the building material survey dossier serving 21 projects specified in Appendix IV enclosed herewith. Extraction of minerals as prescribed in this Clause shall last until the project is completed. If the preparation of mineral extraction project is optional, environmental impact assessment (EIA) report shall not be required.
2. A construction contractor as prescribed in Clause 1 of this Article shall:
a) make a commitment on environmental protection which shall, inter alia, include the following contents: list of work items and activities which may pose negative impacts on the environment; identification of impacted subjects and environmentally sensitive factors existing at the extraction site; identification, assessment and forecasting of primary environmental impacts and waste generated; scale and nature of the waste; impacts on biodiversity, natural heritage, historical - cultural relics, and other sensitive factors; works, corresponding measures for minimizing environmental impacts and applicable technical regulations for each source of waste; identification and assessment of environmental emergencies which may occur, and measures for prevention and response to such environmental emergencies; solutions, list, quantity, plan and cost estimate for environmental remediation and restoration;
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c) bear management and supervision during the contractor’s extraction and use of minerals as prescribed by laws;
d) pay taxes, fees and fulfill other financial obligations as prescribed by laws.
3. Depending on actual conditions, the provincial People's Committee shall instruct the construction contractor mentioned in Clause 1 of this Article to themself carry out assessment of impacts of the extraction of riverbed sand/gravel on the river channel, bank and terrace at river/stream segments posing high risk of landslide in a manner ensuring compliance with regulations on riverbed sand and gravel management as well as protection of the river channel, bank and terrace. The construction contractor shall assume responsibility for assessment results.
1. The use of general provision of the medium-term public investment plan for the 2021 - 2025 period in proportion to increased amount in 2022’s central government budget for 06 projects specified in Appendix V and 06 projects specified in Appendix VI enclosed herewith shall be subject to the following provisions:
a) Based on funding sources and estimated funding derived from the general provision of the medium-term public investment plan for the 2021 - 2025 period in proportion to the increased amount in 2022’s central government budget, competent authorities shall consider deciding investment guidelines for the projects specified in Appendix V. The deficit amount, compared to estimated total investment of the project, shall be covered by other lawful funding sources.
b) With regard to the projects in Appendix VI enclosed herewith, competent authorities shall consider amending their decisions on approval of investment guidelines/investment decisions on the basis of the additional amount allocated by the central government budget to such projects which is derived from the general provision of the medium-term public investment plan for the 2021 - 2025 period in proportion to increased amount in 2022’s central government budget;
c) The use of the general provision of the medium-term public investment plan for the 2021 - 2025 period in proportion to increased amount in 2022’s central government budget for the projects in Appendix V and Appendix VI enclosed herewith shall be submitted to the National Assembly in its nearest meeting for consideration and decision. If investment conditions or procedures of any of the projects in Appendix V and Appendix VI enclosed herewith are not yet satisfied or completed, that project shall be implemented after its investment procedures have been completed, provided that a report thereon must be submitted by the Government to the Standing Committee of the National Assembly before the project implementation.
2. The additional state funding contributed to total investment of the Project on construction of Dong Dang (Lang Son province) - Tra Linh (Cao Bang province) expressway specified in Appendix I enclosed herewith shall be derived from other lawful funding sources.
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1. The post-investment management of the projects specified in Clause 1 Article 3 of this Resolution shall be subjected to the following provisions:
a) Upon the completion of a construction work which is under the management of central government, it shall be transferred by the relevant provincial People’s Committee to the Ministry of Transport of Vietnam for management, operation and maintenance in accordance with regulations of law.
b) If a construction work is under the management of a local government, it shall be managed, operated and maintained by that local government in accordance with regulations of law.
2. The post-investment management of the projects specified in Clause 2 Article 3 of this Resolution shall be subjected to the following provisions:
a) Upon completion of construction works, they shall be transferred to local governments for management, operation and maintenance in accordance with regulations of law;
b) Upon completion of investment, construction works under PPP projects shall be managed, operated and maintained in accordance with terms and conditions of the signed project contracts;
c) In case the roads specified in Point a of this Clause are upgraded to the national highways, they shall be managed, operated and maintained by the Ministry of Transport of Vietnam in accordance with regulations of law.
3. Statement of investment capital of completed projects and property transfer shall be carried out in accordance with regulations of law.
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The Government shall assume the comprehensive responsibility for the lists of projects in Appendixes enclosed herewith which must satisfy rules and criteria proposed by the Government. The Government shall, within the ambit of its assigned tasks and powers, organize the implementation of this Resolution; consistently adopt solutions for ensuring efficient implementation of the policies herein; carry out final review of the implementation of this Resolution and submit a report thereon to the National Assembly in its 2025’s year-end meeting.
2. The Prime Minister of Vietnam shall assume responsibility to decide and direct Ministries, central- and local-government authorities to organize the implementation of projects in a consistent and efficient manner.
3. The Ministry of Transport of Vietnam and local governments shall manage, operate and maintain construction works as prescribed after relevant supervisory authorities have completed construction and statement of investment capital of projects.
4. Each provincial People’s Committee designated as a supervisory authority shall:
a) perform its functions and tasks assigned under the Law on Public Investment, the Law on Construction and relevant laws; perform functions and tasks of a supervisory authority during the project implementation; inspect and supervise to prevent policy profiteering, profiteering of interests of a particular group, loss and waste; request the Prime Minister of Vietnam to designate it as supervisory authority;
b) ensure capacity and experience of authorities/organizations assigned to implement projects in accordance with regulations of the Law on Construction and relevant laws.
5. The Standing Committee of the National Assembly, Ethnic Minorities Council, Committees of the National Assembly, the National Assembly’s Delegations and delegates, Vietnamese Fatherland Front and its members shall, within the ambit of their assigned tasks and powers, supervise the implementation of this Resolution.
6. The State Audit Office of Vietnam shall organize the audit of the implementation of this Resolution in an efficient, public and transparent manner which prevents misconduct, corruption and profiteering of interests of a particular group, and then submit report thereon to the National Assembly in the 2025’s year-end meeting.
7. The Government shall assume responsibility for funding sources and deficit amounts of total investment capital of the projects mentioned in Point a Clause 1 and Clause 2 Article 5 of this Resolution; prepare and submit a consolidated report thereon to the National Assembly in its nearest meeting upon investment guidelines for such projects have been approved.
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1. This Resolution comes into force from November 28, 2023 to June 30, 2025 inclusively.
2. The pilot application of policies to the projects as prescribed in Articles 2 and 3 of this Resolution runs until the project is completed.
This Resolution is ratified by the 6th meeting of the 15th National Assembly of the Socialist Republic of Vietnam held on November 28, 2023.
CHAIRMAN OF THE NATIONAL ASSEMBLY
Vuong Dinh Hue
File gốc của Resolution No. 106/2023/QH15 dated November 28, 2023 on piloting certain specific policies on investment in and construction of roads đang được cập nhật.
Resolution No. 106/2023/QH15 dated November 28, 2023 on piloting certain specific policies on investment in and construction of roads
Tóm tắt
| Cơ quan ban hành | Quốc hội |
| Số hiệu | 106/2023/QH15 |
| Loại văn bản | Nghị quyết |
| Người ký | Vương Đình Huệ |
| Ngày ban hành | 2023-11-28 |
| Ngày hiệu lực | 2023-11-28 |
| Lĩnh vực | Đầu tư |
| Tình trạng |