Resolution 106/2023/QH15 on pilot implementation of special policies on construction investment in road works

RESOLUTION

On pilot implementation of a number of special policies on construction investment in road works^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 80/2015/QH13 on Promulgation of Legal Documents, which has a number of articles amended and supplemented under Law No. 63/2020/QH14;

RESOLVES:

Article 1. Scope of regulation

This Resolution provides for the pilot implementation of a number of special policies on construction investment in road works for the projects provided in the Appendices to this Resolution.

Article 2. Proportion of state capital in investment projects in the form of public-private partnership

The proportion of state capital in investment projects in the form of public-private partnership is allowed to exceed 50% of the total investment for the 2 projects provided in Appendix I to this Resolution.

Article 3. Investment managing agencies for road projects

1. The Prime Minister shall consider, decide on and take responsibility for assigning provincial-level People’s Committees to act as managing agencies and use local budget funds and other lawful funding sources for investment in national highway and expressway projects, for the 7 projects provided in Appendix II to this Resolution. For the 6 projects for which investment procedures are not yet completed as provided in Appendix II to this Resolution, provincial-level People’s Committees shall be assigned to act as managing agencies and complete investment procedures in the effective period of this Resolution.

2. The Prime Minister shall consider, decide and take responsibility for assigning a provincial-level People’s Committee of a locality to act as managing agency and use local budget funds of that locality to support other localities in carrying out public investment activities of projects to be implemented in such localities, for the 14 projects provided in Appendix III to this Resolution. For the 5 projects for which investment procedures are not yet completed as provided in Appendix III to this Resolution, provincial-level People’s Committees shall be assigned to act as managing agencies and complete investment procedures in the effective period of this Resolution.

3. Provincial-level People’s Committees shall be assigned to act as managing agencies to carry out public investment activities of projects under regulations for locally managed projects in accordance with the laws on public investment and construction and relevant laws; and take responsibility for managing, operating and maintaining road routes in the process of upgrading and expansion.

Article 4. Exploitation of minerals for use as common construction materials

1. In the effective period of this Resolution, construction contractors are not required to carry out procedures for grant of licenses to exploit minerals for use as common construction materials as stated in construction material survey dossiers serving the 21 projects provided in Appendix IV to this Resolution. Mineral exploitation mentioned in this Clause shall be carried out until projects are completed. If it is not required to formulate mineral exploitation investment projects, procedures for formulating environmental impact assessment reports will not be required either.

2. Construction contractors specified in Clause 1 of this Article have the following responsibilities:

a/ To make environmental protection commitments, which must have the following contents: listing of work items and activities that are likely to adversely impact the environment; identification of subject to be affected by works and environmentally sensitive factors at exploitation sites; identification, evaluation and forecasting of major environmental impacts and generated wastes; scale and nature of wastes; impacts on biodiversity, natural heritages, historical-cultural relics and other sensitive factors; works and corresponding measures to mitigate environmental impacts, accompanied by technical regulations applicable to each waste source; identification and evaluation of possible environmental incidents and plans on incident prevention and response; solutions, lists, volumes, implementation plans, and cost estimates for environmental remediation and rehabilitation;

b/ To allocate funds for, and carry out, environmental remediation and rehabilitation after completing exploitation in accordance with law;

c/ To submit to the management and supervision of mineral exploitation and use in accordance with law;

d/ To pay taxes and charges and perform other financial obligations in accordance with law.

3. Provincial-level People’s Committee shall, based on practical conditions, consider and guide construction contractors specified in Clause 1 of this Article to evaluate their works’ impacts on river beds, banks and plains, for sand and gravel mines in river or stream sections highly prone to landslides, ensuring compliance with regulations on management of riverbed sand and gravel and protection of river beds, banks and plains. Construction contractors shall take responsibility for evaluation results.

Article 5. Projects using reserve sources under the 2021-2025 medium-term public investment plan corresponding to the 2022 central budget’s increased revenues

1. The use of reserve sources under the 2021-2025 medium-term public investment plan corresponding to the 2022 central budget’s increased revenues for 6 projects provided in Appendix V and 6 projects provided in Appendix VI to this Resolution is as follows:

a/ Based on funding sources and estimated capital amounts for projects from the reserve sources under the 2021-2025 medium-term public investment plan corresponding to the 2022 central budget’s increased revenues, competent authorities shall decide on investment policy for the projects provided in Appendix V to this Resolution; other lawful funding sources shall be arranged for the deficit between the to-be-allocated capital amount and the estimated total investment of a project;

b/ For the projects provided in Appendix VI to this Resolution, competent authorities shall make adjustments to investment policy decisions or investment decisions corresponding to the central budget’s increased amounts allocated for the projects from the reserve sources under the 2021-2025 medium-term public investment plan corresponding to the 2022 central budget’s increased revenues;

c/ The projects provided in Appendices V and VI to this Resolution shall be submitted to the National Assembly at the upcoming session for considering and deciding on the use of reserve sources under the 2021-2025 medium-term public investment plan corresponding to the 2022 central budget’s increased revenues. For the projects in Appendices V and VI to this Resolution for which investment procedures are not yet completed, it is allowed to complete investment procedures, and the Government shall report such to the National Assembly Standing Committee before the projects are implemented.

2. For the investment project to build the Dong Dang (Lang Son province)-Tra Linh (Cao Bang province) expressway provided in Appendix I to this Resolution, other lawful funding sources shall be allocated for the increased amount of state capital in the project’s total investment.

Article 6. Post-investment management and account-finalization of investment capital

1. Post-investment management for the projects specified in Clause 1, Article 3 of this Resolution is as follows:

a/ For works managed by central authorities, after their construction is completed, provincial-level People’s Committees shall handover the works to the Ministry of Transport for management, operation, exploitation and maintenance in accordance with law;

b/ For works handed over to localities for management, localities shall manage, operate, exploit and maintain them in accordance with law.

2. Post-investment management for the projects specified in Clause 2, Article 3 of this Resolution is as follows:

a/ Works having undergone construction shall be assigned to localities for management, operation, exploitation and maintenance in accordance with law;

b/ For works invested in the form of public-private partnership, the post-investment management, operation, exploitation and maintenance must comply with the project contracts;

c/ In case the routes mentioned at Point a of this Clause are upgraded to national highways, the Ministry of Transport shall take over the management, operation, exploitation and maintenance thereof in accordance with law.

3. The account-finalization of investment capital for completed projects and handover of assets must comply with law.

Article 7. Organization of implementation

1. The Government, ministries, central agencies and localities shall uphold responsibilities, especially responsibilities of the heads in leading and directing the implementation of the contents and policies provided in this Resolution, ensuring publicity, transparency, efficiency, feasibility and schedule, and avoiding policy profiteering, loss or waste.

The Government shall take full responsibility for the lists of projects provided in the Appendices to this Resolution, ensuring adherence to the principles and satisfaction of the criteria proposed by the Government. The Government shall, within the ambit of its tasks and powers, organize the implementation of this Resolution; synchronously implement solutions to ensure the effectiveness of policies; and review the implementation of this Resolution for reporting to the National Assembly at the 2025 year-end session.

2. The Prime Minister shall take responsibility for deciding on, and directing ministries, central agencies and localities to organize the implementation of projects, ensuring the completeness, uniformity and effectiveness of the projects.

3. The Ministry of Transport and localities shall take over projects after managing agencies complete the construction and account-finalization of the projects for management, operation, exploitation and maintenance under regulations.

4. Provincial-level People’s Committees that are assigned to act as managing agencies have the following responsibilities:

a/ To perform their functions and tasks assigned in the Law on Public Investment, the Law on Construction and relevant regulations; to perform the functions and tasks of managing agencies in charge of project investment; to carry out examination, supervision and inspection so as to avoid policy profiteering, group interests, loss and waste; to propose the Prime Minister to assign provincial-level People’s Committees to act as managing agencies;

b/ To ensure the capacity and experience of agencies and organizations assigned to implement projects in accordance with the construction law and relevant laws.

5. The Standing Committee, Ethnic Council and Committees of the National Assembly, National Assembly deputy delegations, National Assembly deputies, and the Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

6. The State Audit Office of Vietnam shall organize the audit of the implementation of this Resolution, ensuring efficiency, publicity, transparency, and combat of negative practices, corruption and group interests, and report thereon to the National Assembly at the 2025 year-end session.

7. The Government shall take responsibility for the funding sources to be allocated for the deficit between the to-be-allocated capital amount and the estimated total investment of the projects specified at Point a, Clause 1, and in Clause 2, Article 5 of this Resolution; summarize and report information thereon to the National Assembly at the nearest session after the projects have their investment policy approved.

Article 8. Effect

1. This Resolution takes effect on November 28, 2023, and applies through June 30, 2025.

2. Projects may apply the pilot policies specified in Articles 2 and 3 of this Resolution until they are completed.

This Resolution was adopted on November 28, 2023, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.-

Chairman of the National Assembly
VUONG DINH HUE

* The Appendices to this Resolution are not translated.